46ZPurpose of Part

46Z Purpose of Part The purpose of this Part is to ensure that the Williamstown Shipyard Site continues to be used for industrial and marine engineering purposes and ancillary purposes. S. 46ZA inserted by No. 44/2005 s. 3. 46ZA Definitions ***approved strategy plan*** means the Williamstown Shipyard Site Strategy Plan approved under section 46ZE(2) as that plan is amended from time to time under this Part; ***Williamstown Shipyard Site*** means the land shown on the plan approved by the Governor in Council under section 46ZB. S. 46ZB inserted by No. 44/2005 s. 3. 46ZB Williamstown Shipyard Site S. 46ZB(1) amended by Nos 70/2013 s. 4(Sch. 2 item 36.3), 53/2017 s. 88(2). (1) On receiving a plan approved by the Surveyor‑General of the land described as the Williamstown Shipyard Site on the plan numbered LEGL./05–344 in the Central Plan Office, or that land as nearly as practicable, the Minister may recommend that the Governor in Council approve the plan. (2) On the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may approve the plan. S. 46ZC inserted by No. 44/2005 s. 3. 46ZC Preparation of Williamstown Shipyard Site Strategy Plan (1) The Minister may at any time prepare a strategy plan for the Williamstown Shipyard Site. (2) The strategy plan is to be known as the Williamstown Shipyard Site Strategy Plan. (3) The strategy plan— (a) must give effect to the purposes of this Part by providing for the Williamstown Shipyard Site to continue to be used for industrial and marine engineering purposes and ancillary purposes; and (b) may make provision with respect to any matters referred to in section 6 and any other matters which the Minister considers necessary or desirable to be included in the strategy plan. (4) The strategy plan must not prevent— (a) the continued use by the public of— (i) the Crown Land described in folio of the Register Volume 1212 Folio 522; and (ii) any land in the Williamstown Shipyard Site that was reserved for public purposes by Order published in the Government Gazette on 1 April 1999 page 790; or (b) the continued use by the public, or for navigation, of the waters of Hobsons Bay. S. 46ZD inserted by No. 44/2005 s. 3. 46ZD Procedure for making of Williamstown Shipyard Site Strategy Plan Subject to section 46ZE, Part 3 (except sections 36 to 39 and Division 4) applies to the preparation of the Williamstown Shipyard Site Strategy Plan as if— (a) the plan were an amendment to a planning scheme; and S. 46ZE inserted by No. 44/2005 s. 3. 46ZE Approval of Parliament needed (1) The Minister must cause the Williamstown Shipyard Site Strategy Plan to be laid before each House of Parliament within 7 sitting days of that House after the strategy plan is approved under section 35. (2) The strategy plan does not take effect unless it is also approved by a resolution passed by each House of Parliament within 10 sitting days after it is laid before that House. S. 46ZE(3) substituted by No. 12/2021 s. 34. (3) The Minister must publish a notice of the approval of the strategy plan under subsection (2) in the Government Gazette— (a) if the Minister intends to make a copy of the plan 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 plan; or (b) if the Minister intends to make a copy of the plan 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 plan will be published; and (ii) the Department's contact details for making a request to inspect a copy of the plan. (4) The approved strategy plan comes into operation— (a) when the notice of approval of the strategy plan is published in the Government Gazette; or S. 46ZF inserted by No. 44/2005 s. 3. 46ZF Availability of approved strategy plan (1) The Minister must lodge the prescribed documents and a copy of the approved strategy plan with the municipal council in the municipal district of which the Williamstown Shipyard Site is situated. (2) The approved strategy plan must be lodged before notice of the approval of the strategy plan is published in the Government Gazette. S. 46ZF(3) substituted by No. 12/2021 s. 35(1). (3) During the inspection period, each relevant person must make a copy of the approved strategy plan, and any documents lodged with it, available in accordance with the public availability requirements. S. 46ZF(4) substituted by No. 12/2021 s. 35(1). (4) After the inspection period ends, each relevant person must make the copy and any documents lodged with it available— S. 46ZF(5) inserted by No. 12/2021 s. 35(1). (5) Each relevant person must keep a copy of the approved strategy plan incorporating all amendments to it. S. 46ZF(6) inserted by No. 12/2021 s. 35(1). (6) Each relevant person must make a copy of the approved strategy plan incorporating all amendments to it available in accordance with the public availability requirements. S. 46ZF(7) inserted by No. 12/2021 s. 35(1). ***inspection period*** means the period of 2 months beginning on the day on which the approved strategy plan comes into operation; (b) the municipal council in the municipal district of which the Williamstown Shipyard Site is situated. S. 46ZG inserted by No. 44/2005 s. 3. 46ZG Amendments to approved strategy plan (1) The Minister may at any time prepare an amendment to the approved strategy plan. S. 46ZG(2) amended by No. 12/2021 s. 35(2). (2) Sections 46ZC to 46ZE and sections 46ZF(1), 46ZF(2), 46ZF(3) and 46ZF(4) apply to the preparation and approval of an amendment to the approved strategy plan as if the amendment were a strategy plan. S. 46ZH inserted by No. 44/2005 s. 3. 46ZH Amendment of planning schemes (1) The Minister must prepare an amendment to any planning scheme that applies to the Williamstown Shipyard Site to give effect to the approved strategy plan. (2) An amendment under subsection (1) must be prepared as soon as practicable after the approval of the Williamstown Shipyard Site Strategy Plan under section 46ZE(2). (3) An amendment under subsection (1) may also make any consequential amendments to the planning scheme that are necessary to remove or modify any provisions which are inconsistent with the approved strategy plan. (4) Sections 12(1)(a), 12(1)(e), 12(2) and 12(3), Divisions 1 and 2 of Part 3 and sections 39(1), 39(2), 39(3), 39(4) and 39(5) and any regulations made for the purposes of those provisions do not apply to the preparation and approval of amendments under subsection (1). (5) The Minister must not authorise the preparation of, or approve, an amendment to a planning scheme applying to the Williamstown Shipyard Site if the amendment is inconsistent with the approved strategy plan.