46Planning schemes may apply to reserved land

46 Planning schemes may apply to reserved land (1) Without limiting the operation of section 6, a planning scheme may regulate or prohibit the use or development of land which is permanently or temporarily reserved for any purpose under the **Crown Land (Reserves) Act 1978**. (2) If a provision of a planning scheme is expressed or purports to deal with land that has been permanently reserved for any purpose under the **Crown Land (Reserves) Act 1978** or any part of that land in a manner which is inconsistent with the purpose of the reservation, the provision does not take effect until the reservation of that land or part is revoked by or pursuant to an Act of Parliament. Pt 3AAA (Headings and ss 46AAA–46AAI) inserted by No. 49/2017 s. 63. Part 3AAA—Yarra River land protection Division 1—Compliance with Yarra Strategic Plan S. 46AAA inserted by No. 49/2017 s. 63. 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. Division 2—Ratification by Parliament for amendments to planning schemes S. 46AAB inserted by No. 49/2017 s. 63. 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. S. 46AAC inserted by No. 49/2017 s. 63. 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. S. 46AAD inserted by No. 49/2017 s. 63. 46AAD Procedure for ratification (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. S. 46AAE inserted by No. 49/2017 s. 63. 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. S. 46AAF inserted by No. 49/2017 s. 63. 46AAF When does a ratified amendment commence? An amendment that has been ratified under this Division comes into operation— S. 46AAG inserted by No. 49/2017 s. 63. 46AAG When does an amendment lapse? (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. S. 46AAH inserted by No. 49/2017 s. 63. 46AAH Application of sections 40, 41 and 42 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. S. 46AAI inserted by No. 49/2017 s. 63. 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. Pt 3AA (Headings and ss 46AA–46AM inserted by No. 43/2003 s. 3. Part 3AA—Metropolitan green wedge protection Division 1—Introductory S. 46AA inserted by No. 43/2003 s. 3. 46AA What is a metropolitan fringe planning scheme? For the purposes of this Part, a metropolitan fringe planning scheme is a planning scheme applying to the municipal district of any of the following municipal councils— (a) Brimbank City Council; (b) Cardinia Shire Council; (c) Casey City Council; (d) Frankston City Council; (e) Greater Dandenong City Council; (f) Hobsons Bay City Council; (g) Hume City Council; (h) Kingston City Council; (i) Knox City Council; (j) Manningham City Council; (k) Maroondah City Council; S. 46AA(l) amended by No. 21/2013 s. 19. (l) Melton City Council; (m) Mornington Peninsula Shire Council; (n) Nillumbik Shire Council; (o) Whittlesea City Council; (p) Wyndham City Council; (q) Yarra Ranges Shire Council. S. 46AB inserted by No. 43/2003 s. 3, repealed by No. 23/2010 s. 4. S. 46AC inserted by No. 43/2003 s. 3. 46AC What is green wedge land? For the purposes of this Part, green wedge land is land that is described in a metropolitan fringe planning scheme as being outside an urban growth boundary. Pt 3AA Div. 2 (Heading and ss 46AD, 46AE) inserted by No. 43/2003 s. 3, repealed by No. 81/2004 s. 15, new Pt 3AA Div. 2 (Heading and ss 46AD–46AEC) inserted by No. 1/2023 s. 36. Division 2—Green wedge management plans New s. 46AD inserted by No. 1/2023 s. 36. 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 (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. New s. 46AE inserted by No. 1/2023 s. 36. 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. S. 46AEA inserted by No. 1/2023 s. 36. 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. S. 46AEB inserted by No. 1/2023 s. 36. 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). S. 46AEC inserted by No. 1/2023 s. 36. 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 3—Ratification by Parliament for amendments to planning schemes S. 46AF inserted by No. 43/2003 s. 3. 46AF To which amendments does this Division apply? (1) This Division applies to an amendment to a metropolitan fringe planning scheme that has been approved by the Minister under section 35 and— (a) that amends or inserts an urban growth boundary; or S. 46AF(1)(b) substituted by No. 12/2021 s. 69. (b) that, on its commencement, will have the effect of allowing green wedge land to be subdivided into more lots or into smaller lots than would have been allowed under the planning scheme as it was in force immediately before that commencement. (2) This Division does not apply to an amendment to a metropolitan fringe planning scheme if the amendment was approved by the Minister before the commencement of the **Planning and Environment (Metropolitan Green Wedge Protection) Act 2003**. S. 46AG inserted by No. 43/2003 s. 3. 46AG 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 Parliament in accordance with this Division. (2) Sections 36, 37 and 38 do not apply to an amendment to which this Division applies. S. 46AH inserted by No. 43/2003 s. 3. 46AH Procedure for ratification (1) The Minister must cause an amendment to which this Division applies to be laid before each House of 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 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 Parliament within 10 sitting days after it is laid before that House. S. 46AI inserted by No. 43/2003 s. 3, substituted by No. 12/2021 s. 23. 46AI Notice of ratification The Minister must publish notice of the ratification under section 46AG of an amendment in the Government Gazette— (a) if the Minister intends to make a copy of the amendment available in person in accordance with the requirements set out in section 197B, specifying the places at which any person may inspect a copy of the amendment; or (b) if the Minister intends to make a copy of the amendment available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specifying— S. 46AJ inserted by No. 43/2003 s. 3. 46AJ When does a ratified amendment commence? An amendment that has been ratified under this Division comes into operation— S. 46AK inserted by No. 43/2003 s. 3. 46AK When does an amendment lapse? (1) An amendment to which this Division applies that has not been ratified in accordance with section 46AH 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. S. 46AL inserted by No. 43/2003 s. 3. 46AL Application of sections 40, 41 and 42 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. S. 46AM inserted by No. 43/2003 s. 3. 46AM 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 46AK(1), the permit is deemed to be cancelled on that lapsing; S. 46AM(b) substituted by No. 12/2021 s. 24. (b) if the amendment is ratified under this Division, the notice under section 46AI must also— (i) if the responsible authority intends to make a copy of the permit available in person in accordance with the requirements set out in section 197B, specify the places at which any person may inspect a copy of the permit; or (ii) if the responsible authority intends to make a copy of the permit available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specify— The responsible authority must make a copy of the permit available in accordance with the public availability requirements—see section 70. Pt 3AAB (Headings and ss 46AN–46AZF) inserted by No. 33/2006 s. 5, amended by Nos 6/2010 s. 25(5)(Sch. 2 item 10.2) (as amended by No. 45/2010 s. 6), 23/2010 ss 5, 6, 21/2013 ss 3–6, repealed by No. 11/2017 s. 56, new Pt 3AAB (Headings and ss 46AN–46AZM) inserted by No. 17/2018 s. 4. Part 3AAB—Distinctive areas and landscapes Division 1—Objects New s. 46AN inserted by No. 17/2018 s. 4. 46AN Objects The objects of this Part are— (a) to recognise the importance of distinctive areas and landscapes to the people of Victoria and to protect and conserve the unique features and special characteristics of those areas and landscapes; and (b) to enhance the conservation of the environment in declared areas including the unique habitats, ecosystems and biodiversity of declared areas; and (c) to enable the integration of policy development, implementation and decision‑making for declared areas under Statements of Planning Policy; and (d) to recognise the connection and stewardship of traditional owners in relation to land in declared areas. Division 2—Declaration of distinctive areas and landscapes New s. 46AO inserted by No. 17/2018 s. 4. 46AO Governor in Council may declare area to be a distinctive area and landscape (1) The Governor in Council, on the recommendation of the Minister, may declare an area of Victoria to be a distinctive area and landscape by order published in the Government Gazette. (2) An order under subsection (1)— (a) must include a description of the area declared, which may be by reference to an incorporated plan; and (b) must specify the attributes under section 46AP(1) that qualify the area as a distinctive area and landscape; and (c) must identify the relevant threat of significant or irreversible land use change to the area, as described in section 46AP(2); and (d) may include a preamble setting out any of the following— (i) the significance of the area to the people of Victoria; (ii) statements recognising the significance of the area to traditional owners, including statements in traditional languages together with their English translations. (3) Before making a recommendation under subsection (1), the Minister— (a) must be satisfied that the area meets the requirements set out in section 46AP(1) and (2); and (b) must consult the Premier and the Treasurer. (4) An order under subsection (1) takes effect on the date of publication of the order in the Government Gazette or on a later date specified in the order. New s. 46AP inserted by No. 17/2018 s. 4. 46AP Requirements for area to be declared as a distinctive area and landscape (1) The Minister must be satisfied that an area has a majority of the following attributes in order to recommend that the area be declared as a distinctive area and landscape— (a) outstanding environmental significance; (b) significant geographical features, including natural landforms; (c) heritage and cultural significance; (d) natural resources or productive land of significance; (e) strategic infrastructure or built form of significance; (f) an attribute prescribed for the purposes of this section. (2) The Minister must be satisfied that an area is under threat of significant or irreversible land use change that would affect the environmental, social or economic value of the area in order to recommend that the area be declared as a distinctive area and landscape, whether that threat arises from— (a) land use conflicts; or (b) multiple land use changes over time; or (c) any other land use threat prescribed for the purposes of this section. New s. 46AQ inserted by No. 17/2018 s. 4. 46AQ Governor in Council may revoke declaration (1) The Governor in Council, on the recommendation of the Minister, may revoke a declaration under section 46AO by order published in the Government Gazette. (2) A revocation order must include a statement that it does not take effect unless ratified by Parliament in accordance with this Division. (3) The Minister must consult the Premier and the Treasurer before making a recommendation under subsection (1). New s. 46AR inserted by No. 17/2018 s. 4. 46AR Procedure for ratification of revocation order (1) The Minister must cause a revocation order to be laid before each House of Parliament within 7 sitting days of that House after the publication of the order. (2) A revocation order does not take effect unless it is ratified by a resolution passed by each House of Parliament within 10 sitting days after the revocation order is laid before that House. (3) The Minister must publish a notice of the ratification of a revocation order in the Government Gazette*.* (4) A revocation order that has been ratified under this section comes into effect— (a) when the notice of ratification is published in the Government Gazette; or (b) on any later day specified in the notice of ratification. New s. 46AS inserted by No. 17/2018 s. 4. 46AS When does a revocation order lapse? (1) A revocation order that has not been ratified in accordance with section 46AR lapses on the day immediately after the last day on which it could have been so ratified. (2) When a revocation order has lapsed under subsection (1), the Minister must publish a notice in the Government Gazette setting out the date on which the order lapsed. (3) The publication of the notice under subsection (2) is conclusive proof of the date that the revocation order lapsed. Division 3—Statements of Planning Policy for distinctive areas and landscapes Subdivision 1—Preparation and approval of Statement of Planning Policy New s. 46AT inserted by No. 17/2018 s. 4. 46AT Minister to develop Statement of Planning Policy for declared area (1) The Minister must prepare a Statement of Planning Policy for a declared area. (2) The declaration of the declared area lapses if the Statement of Planning Policy is not endorsed in accordance with section 46AX and approved in accordance with section 46AY within— (a) one year after the declaration of the area under section 46AO takes effect; or (b) a period approved by the Governor in Council under subsection (3). (3) Before the end of the period specified in subsection (2)(a), the Governor in Council, by order published in the Government Gazette, may approve a period not exceeding 2 years after the declaration of the area under section 46AO takes effect for the preparation, endorsement and approval of the Statement of Planning Policy for the declared area. New s. 46AU inserted by No. 17/2018 s. 4. 46AU Purpose of Statement of Planning Policy The purpose of a Statement of Planning Policy for a declared area is to create a framework for the future use and development of land in the declared area to ensure the protection and conservation of the distinctive attributes of the declared area. New s. 46AV inserted by No. 17/2018 s. 4. 46AV Contents of Statement of Planning Policy (1) The Statement of Planning Policy for a declared area must— (a) set a vision for a period of at least 50 years that identifies the values, priorities and preferences of the Victorian community in relation to the distinctive attributes of the declared area, including preferences for future land use, protection and development; and (b) set out the long-term needs for the integration of decision-making and planning for the declared area; and (c) state the parts of the Statement that are binding on responsible public entities and the parts that are in the nature of recommendations to which responsible public entities are only required to have regard; and (d) include a declared area framework plan in accordance with subsection (2); and (e) set out Aboriginal tangible and intangible cultural values, and other cultural and heritage values, in relation to the declared area. (2) The declared area framework plan must provide a framework for decision-making in relation to the future use and development of land in the declared area that— (a) integrates environmental, social, cultural and economic factors for the benefit of the community and encourages sustainable development and identifies areas for protection and conservation of the distinctive attributes of the declared area; and (b) may specify settlement boundaries in the declared area or designate specific settlement boundaries in the declared area as protected settlement boundaries. New s. 46AW inserted by No. 17/2018 s. 4. 46AW Consultation The Minister must consult the following when preparing a Statement of Planning Policy for a declared area— (a) each responsible public entity for the area; (b) the local community; (c) any other person or entity that the Minister considers may be affected by the Statement of Planning Policy. New s. 46AX inserted by No. 17/2018 s. 4. 46AX Endorsement of Statement of Planning Policy (1) The Minister must give a copy of the draft Statement of Planning Policy to each responsible public entity specified in the Statement for endorsement by the entity and the Minister responsible for that entity. S. 46AX(1A) inserted by No. 1/2023 s. 37(1). (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) The Minister responsible for a responsible public entity may give a written direction to the entity in relation to the endorsement of the draft Statement of Planning Policy. S. 46AX(3) inserted by No. 1/2023 s. 37(2). (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. S. 46AX(4) inserted by No. 1/2023 s. 37(2). (4) A responsible public entity must give notice of a decision under subsection (3) to the Minister within 7 days of making the decision. S. 46AXA inserted by No. 1/2023 s. 38. 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. New s. 46AY inserted by No. 17/2018 s. 4. 46AY Approval of Statement of Planning Policy (1) The Governor in Council may approve a Statement of Planning Policy that has been endorsed in accordance with section 46AX. S. 46AY(2) substituted by No. 12/2021 s. 25. (2) The Minister must publish a notice of an approval under subsection (1) in the Government Gazette— (a) if the Minister intends to make a copy of the Statement available in person in accordance with the requirements set out in section 197B, specifying a place at which any person may inspect a copy of the Statement; or (b) if the Minister intends to make a copy of the Statement available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specifying— (i) the address of the Department's Internet site at which a copy of the Statement will be published; and (ii) the Department's contact details for making a request to inspect a copy of the Statement. A Statement of Planning Policy is taken to form part of the State standard provisions of the Victoria Planning Provisions—see section 46AZ(2). The Minister must make a copy of the Victoria Planning Provisions incorporating all amendments to them, and all documents lodged with those amendments, available in accordance with the public availability requirements—see section 4I. New s. 46AZ inserted by No. 17/2018 s. 4. 46AZ Commencement of Statement of Planning Policy (1) A Statement of Planning Policy takes effect— (a) on the day the notice of approval is published in the Government Gazette; or (b) on a later day specified in the notice. (2) A Statement of Planning Policy is taken to form part of the State standard provisions of the Victoria Planning Provisions on the commencement of the Statement of Planning Policy. New s. 46AZA inserted by No. 17/2018 s. 4. 46AZA Amendment of Statement of Planning Policy (1) The Minister may prepare an amendment to a Statement of Planning Policy. (2) Sections 46AV to 46AZ apply to an amendment to a Statement of Planning Policy as if a reference in those sections to a Statement of Planning Policy were a reference to an amendment to a Statement of Planning Policy. (3) The Governor in Council, on the recommendation of the Minister, may make a minor or technical correction to a Statement of Planning Policy by order published in the Government Gazette. Subdivision 2—Amendment of declared area planning scheme New s. 46AZB inserted by No. 17/2018 s. 4. 46AZB Amendment of declared area planning scheme to give effect to Statement of Planning Policy (1) The Minister must prepare an amendment to a declared area planning scheme to give effect to— (a) a Statement of Planning Policy that has been approved under section 46AY; and (b) an amendment to a Statement of Planning Policy that has been prepared under section 46AZA(1) and approved under section 46AY. (2) Part 3 (except Divisions 1 and 2 and sections 39(1), 39(2), 39(3), 39(4) and 39(5)) applies to the preparation and approval of an amendment to a declared area planning scheme under this section. New s. 46AZC inserted by No. 17/2018 s. 4. 46AZC Amendment of declared area planning scheme (1) The Minister must not approve an amendment to a declared area planning scheme if the amendment is inconsistent with a Statement of Planning Policy for that declared area. (2) A responsible public entity which is a planning authority must not prepare an amendment to a declared area planning scheme that is inconsistent with a Statement of Planning Policy for the declared area that is expressed to be binding on the responsible public entity. Subdivision 3—Protected settlement boundary amendments New s. 46AZD inserted by No. 17/2018 s. 4. 46AZD Protected settlement boundary amendment (1) Sections 36, 37 and 38 do not apply to an amendment to a declared area planning scheme— (a) that is approved after a Statement of Planning Policy has been approved in relation to that area; and (b) that is or includes a protected settlement boundary amendment. (2) A protected settlement boundary amendment does not take effect unless ratified by Parliament in accordance with this Subdivision. New s. 46AZE inserted by No. 17/2018 s. 4. 46AZE Procedure for ratification of protected settlement boundary amendment (1) The Minister must cause a protected settlement boundary amendment to be laid before each House of 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 a protected settlement boundary amendment, the Minister must cause a notice specifying that the permit has been granted to be laid before each House of Parliament at the same time that the protected settlement boundary amendment is laid before that House. (3) A protected settlement boundary amendment does not take effect unless it is ratified by a resolution passed by each House of Parliament within 10 sitting days after it is laid before that House. S. 46AZE(4) substituted by No. 12/2021 s. 26. (4) The Minister must publish a notice of the ratification of the protected settlement boundary amendment in the Government Gazette— (a) if the Minister intends to make a copy of the amendment available in person in accordance with the requirements set out in section 197B, specifying a place at which any person may inspect a copy of the amendment; or (b) if the Minister intends to make a copy of the amendment available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specifying— Section 41(1) provides that the Minister must make a copy of an approved amendment to a planning scheme, and any documents lodged with it, available in accordance with the public availability requirements. (5) A protected settlement boundary amendment that has been ratified comes into operation— (b) on any later day specified in the notice. New s. 46AZF inserted by No. 17/2018 s. 4. 46AZF When does a protected settlement boundary amendment lapse? (1) A protected settlement boundary amendment that has not been ratified lapses on the day immediately after the last day on which it could have been ratified. (2) When a protected settlement boundary amendment has lapsed, 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 of lapsing is conclusive proof of the date that the amendment lapsed. (4) An amendment to a Statement of Planning Policy that requires the preparation of the protected settlement boundary amendment lapses if that protected settlement boundary amendment has lapsed under subsection (1). S. 46AZG inserted by No. 17/2018 s. 4. 46AZG Application of Act provisions to protected settlement boundary amendment Sections 4G, 4H, 4I, 40, 41 and 42 (as the case requires) do not apply to a protected settlement boundary amendment unless and until the amendment is ratified. S. 46AZH inserted by No. 17/2018 s. 4. 46AZH Application of Division 5 of Part 4 to protected settlement boundary amendment If a permit has been granted under Division 5 of Part 4 and the planning scheme amendment to which the permit applies is a protected settlement boundary amendment— (a) if the amendment lapses, the permit is taken to be cancelled on that lapsing; and S. 46AZH(b) substituted by No. 12/2021 s. 27. (b) if the amendment is ratified, the notice of ratification must also— (i) if the responsible authority intends to make a copy of the permit available in person in accordance with the requirements set out in section 197B, specify the places at which any person may inspect a copy of the permit; or (ii) if the responsible authority intends to make a copy of the permit available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specify— Section 96M provides that sections 68 to 76D apply to permits granted under Division 5 of Part 4. Section 70 provides that a responsible authority must make a copy of every permit it issues available in accordance with the public availability requirements. Subdivision 4—Review of Statement of Planning Policy S. 46AZI inserted by No. 17/2018 s. 4. 46AZI Review of Statement of Planning Policy (1) The Minister must ensure that a review of the Statement of Planning Policy for a declared area is completed no later than 10 years after the commencement of the Statement. (2) After a review, the Minister may prepare— (a) a new Statement of Planning Policy; or (b) an amendment to the existing Statement of Planning Policy in accordance with section 46AZA(1). (3) Sections 46AV to 46AZ apply with any necessary modifications to the preparation of a new Statement of Planning Policy. Division 4—Interaction between specific legislation and Statement of Planning Policy S. 46AZJ inserted by No. 17/2018 s. 4. 46AZJ Specific legislation (1) If a Statement of Planning Policy applies to any land to which a management plan under the **Heritage Rivers Act 1992** applies, the Statement of Planning Policy must not be inconsistent with— (b) the management plan under that Act that applies to the land, unless the Minister administering that Act, after consulting the Minister administering the Act under which that land is controlled or managed, gives a specific written endorsement to the planning Minister authorising the inconsistency. (2) If a Statement of Planning Policy applies to any land in a park within the meaning of the **National Parks Act 1975**, the Statement of Planning Policy must not be inconsistent with— (b) any management plan under that Act unless the Minister administering that Act gives a specific written endorsement to the planning Minister authorising the inconsistency. (3) If a Statement of Planning Policy applies to any land that is reserved under the **Crown Land (Reserves) Act 1978**, the Statement of Planning Policy must not be inconsistent with— (b) the purpose for which that land is reserved; or (c) any relevant recommendation of the Land Conservation Council under section 5(1) of the **Land Conservation Act 1970** (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force); or (d) any Government response (or amended Government response) under section 25, 26 or 26G of the **Victorian Environmental Assessment Council Act 2001** to any report under section 23 or 26E of that Act applying to the land. (4) If a Statement of Planning Policy applies to any land that is reserved under the **Crown Land (Reserves) Act 1978**, and that land is subject to additional management requirements as a State Wildlife Reserve or a Nature Reserve under the **Wildlife Act 1975**, the Statement of Planning Policy must not be inconsistent with— (a) the **Wildlife Act 1975**; or (b) any plan of management under the **Wildlife Act 1975** unless the Minister administering that Act gives a specific written endorsement to the planning Minister authorising the inconsistency. (5) If a Statement of Planning Policy applies to any land in a waterway management district for which a regional waterway strategy has been prepared under section 190 of the **Water Act 1989**, the Statement of Planning Policy must not be inconsistent with— (b) that strategy unless the water Minister and the environment Minister (within the meaning of the **Water Act 1989**) jointly give a specific written endorsement to the planning Minister authorising the inconsistency. (6) If a Statement of Planning Policy applies to any land which is the subject of a joint management plan under Part 8A of the **Conservation, Forests and Lands Act 1987**, the Statement of Planning Policy must not be inconsistent with— (b) that joint management plan unless the Minister responsible for Part 8A of that Act and the Traditional Owner Land Management Board in relation to the land jointly give a specific written endorsement to the planning Minister authorising the inconsistency. (7) Notice of any endorsement under this section must be published in the Government Gazette by the entity giving the endorsement. (8) In this section— ***planning Minister*** means the Minister administering this Act; ***water Minister*** means the Minister administering the **Water Act 1989**. Division 5—Duties of responsible public entities S. 46AZK inserted by No. 17/2018 s. 4. 46AZK Responsible public entities not to act inconsistently with Statement of Planning Policy A responsible public entity must not act inconsistently with any provision of the Statement of Planning Policy that is expressed to be binding on the public entity when performing a function or duty or exercising a power in relation to the declared area. S. 46AZL inserted by No. 17/2018 s. 4. 46AZL Principles If a responsible public entity develops or implements policies or programs or makes decisions in relation to a declared area, the responsible public entity should— (a) consult with all levels of government and government agencies that are relevant to the decision; and (b) use best practice measures to protect and conserve the unique features and special characteristics of the declared area; and (c) undertake continuous improvement to enhance the conservation of the environment in declared areas; and (d) have regard to the principles prescribed to apply— (i) to all declared areas; and (ii) in relation to a particular declared area. Division 6—Transitional provision S. 46AZM inserted by No. 17/2018 s. 4. 46AZM Transitional provision—Consultation in relation to Macedon Ranges Localised Planning Statement (1) This section applies if the Macedon Ranges area is declared to be a distinctive area and landscape by the Governor in Council under section 46AO. (2) The consultation conducted by the Minister before the commencement date in relation to the Macedon Ranges Localised Planning Statement is taken to satisfy the requirements of section 46AW for the purposes of a Statement of Planning Policy in relation to the Macedon Ranges area. ***commencement date*** means the day on which the **Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018** comes into operation; ***Macedon Ranges area*** means the policy area identified in the Macedon Ranges Localised Planning Statement; ***Macedon Ranges Localised Planning Statement*** means the draft statement prepared by the Department in partnership with the Macedon Ranges Shire Council and the Victorian Planning Authority. Part 3AAC (Headings and ss 46AZN–46AZT) inserted by No. 19/2020 s. 76. Part 3AAC—Amendments in the Great Ocean Road region Division 1—Compliance with Great Ocean Road strategic framework plan S. 46AZN inserted by No. 19/2020 s. 76. 46AZN Responsible entities to comply with Great Ocean Road strategic framework plan (1) A responsible entity which is a planning authority must not prepare an amendment to a Great Ocean Road scenic landscapes area planning scheme that is inconsistent with anything in a Great Ocean Road strategic framework plan expressed to be binding on the responsible entity. (2) A responsible entity which is a planning authority must have regard to an approved Great Ocean Road strategic framework plan when preparing an amendment to a planning scheme applying to land that is wholly or partially within the Great Ocean Road region. (3) A responsible entity which is a planning authority must have regard to the Great Ocean Road coast and parks protection principles when preparing an amendment to a planning scheme applying to land that is wholly or partially within the Great Ocean Road coast and parks. Division 2—Ratification by Parliament for amendments to Great Ocean Road scenic landscapes area planning scheme S. 46AZO inserted by No. 19/2020 s. 76. 46AZO To which amendments does this Division apply? (1) This Division applies to an amendment to a Great Ocean Road scenic landscapes area planning scheme that has been approved by the Minister under section 35 and— (a) is inconsistent with the approved Great Ocean Road strategic framework plan; or (b) includes a Great Ocean Road settlement boundary amendment; or (c) has the effect of altering or removing any controls over the subdivision of land outside a Great Ocean Road settlement boundary to allow the land to be subdivided into more lots or smaller lots than provided for in the Great Ocean Road scenic landscapes area planning scheme. (2) This Division does not apply to an amendment to a Great Ocean Road scenic landscapes area planning scheme if the amendment was approved by the Minister before the commencement of this section. S. 46AZP inserted by No. 19/2020 s. 76. 46AZP Ratification by Parliament required for amendments to which this Division applies (1) Sections 36, 37 and 38 do not apply to an amendment to which this Division applies. (2) An amendment to which this Division applies does not take effect unless ratified by Parliament in accordance with this Part. S. 46AZQ inserted by No. 19/2020 s. 76. 46AZQ Procedure for ratification of amendment (1) The Minister must cause an amendment to which this Division applies to be laid before each House of 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 Parliament at the same time that the amendment to which this Division applies is laid before that House. (3) An amendment to which this Division applies does not take effect unless it is ratified by a resolution passed by each House of Parliament within 10 sitting days after it is laid before that House. S. 46AZQ(4) substituted by No. 12/2021 s. 28. (4) The Minister must publish a notice of the ratification of an amendment to which this Division applies in the Government Gazette— (a) if the Minister intends to make a copy of the amendment available in person in accordance with the requirements set out in section 197B, specifying a place at which any person may inspect a copy of the amendment; or (b) if the Minister intends to make a copy of the amendment available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specifying— Section 41(1) provides that the Minister must make a copy of an approved amendment to a planning scheme, and any documents lodged with it, available in accordance with the public availability requirements. (5) An amendment to which this Division applies that has been ratified comes into operation— (b) on any later day specified in the notice. S. 46AZR inserted by No. 19/2020 s. 76. 46AZR When does an amendment lapse? (1) An amendment to which this Division applies that has not been ratified lapses on the day immediately after the last day on which it could have been ratified. (2) When an amendment to which this Division applies has lapsed, 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 of lapsing is conclusive proof of the date that the amendment lapsed. S. 46AZS inserted by No. 19/2020 s. 76. 46AZS Application of Act provisions to amendment Sections 4G, 4H, 4I, 40, 41 and 42 (as the case requires) do not apply to an amendment to which this Division applies unless and until the amendment is ratified. S. 46AZT inserted by No. 19/2020 s. 76. 46AZT Application of Division 5 of Part 4 to amendment If a permit has been granted under Division 5 of Part 4 and the planning scheme amendment to which the permit applies is an amendment to which this Division applies— (a) if the amendment lapses, the permit is taken to be cancelled on that lapsing; and S. 46AZT(b) substituted by No. 12/2021 s. 29. (b) if the amendment is ratified, the notice of ratification must also— (i) if the responsible authority intends to make a copy of the permit available in person in accordance with the requirements set out in section 197B, specify the places at which any person may inspect a copy of the permit; or (ii) if the responsible authority intends to make a copy of the permit available electronically and on request in accordance with the requirements set out in sections 197C and 197D, specify— The responsible authority must make a copy of the permit available in accordance with the public availability requirements—see section 70. Pt 3A (Heading and ss 46A–46G) inserted by No. 118/1994 s. 13.