6What can a planning scheme provide for?

6 What can a planning scheme provide for? (1) A planning scheme for an area— (a) must seek to further the objectives of planning in Victoria within the area covered by the scheme; and S. 6(1)(aa) inserted by No. 77/1996 s. 6(1), repealed by No. 12/2021 s. 56.[[3]](#endnote-4) (b) may make any provision which relates to the use, development, protection or conservation of any land in the area. (2) Without limiting subsection (1), a planning scheme may— (a) set out policies and specific objectives; (b) regulate or prohibit the use or development of any land; (c) designate land as being reserved for public purposes; S. 6(2)(d) repealed by No. 35/1995 s. 4(a), new s. 6(2)(d) inserted by No. 77/1996 s. 6(2). (d) include strategic plans, policy statements, codes or guidelines relating to the use or development of land[[4]](#endnote-5); (e) regulate or prohibit any use or development in hazardous areas or in areas which are likely to become hazardous areas; (f) set out requirements for the provision of public utility services to land; S. 6(2)(fa) inserted by No. 3/2013 s. 56. (fa) designate a Minister, public authority or municipal council as an acquiring authority for the purposes of this Act for land reserved for public purposes; S. 6(2)(g) amended by No. 53/1988 s. 45(Sch. 2 item 30A) (as amended by No. 47/1989 s. 19(x)), substituted by No. 48/1991 s. 59(a). (g) subject to section 6A, regulate or provide for the creation, variation or removal of easements or restrictions under section 23 of the **Subdivision Act 1988**; S. 6(2)(ga) inserted by No. 48/1991 s. 59(a). (ga) subject to section 6A, regulate or provide for the variation or removal of conditions in the nature of easements in Crown grants, under section 23 of the **Subdivision Act 1988**; S. 6(2)(gb) inserted by No. 48/1991 s. 59(a). (gb) subject to section 6A, regulate or provide for the creation or removal of easements or rights of way under section 36 of the **Subdivision Act 1988**; S. 6(2)(h) amended by Nos 86/1989 s. 25(b), 12/2021 s. 65. (h) require specified things to be done to the satisfaction of the responsible authority, a Minister, public authority, municipal council or referral authority; S. 6(2)(ha) inserted by No. 35/1995 s. 3(1). (ha) require specified information to be provided with an application for a permit; S. 6(2)(hb) inserted by No. 53/2012 s. 3(1). (hb) set out different procedures for particular classes of applications for permits; (i) state the provisions of the planning scheme which would have applied to land reserved for a public purpose under the planning scheme if it had not been reserved for this purpose; (j) apply, adopt or incorporate any document which relates to the use, development or protection of land; S. 6(2)(ja) inserted by No. 3/2026 s. 11(2). (ja) provide that any use or development of land is conditional on the provision of an affordable housing contribution; S. 6(2)(k) amended by No. 53/1988 s. 45(Sch. 2 item 31). (k) provide that any use or development of land is conditional on an agreement being entered into with the responsible authority or a referral authority; S. 6(2)(ka) inserted by No. 86/1989 s. 5(1). (ka) set out classes of land, use or development exempted from section 96(1) or (2); S. 6(2)(kb) inserted by No. 48/1991 s. 59(b). (kb) make any provision in relation to any of the things listed in the Table in section 24A(1) of the **Subdivision Act 1988**; S. 6(2)(kc) inserted by No. 128/1993 s. 4. (kc) set out classes of applications for permits exempted wholly or in part from section 52(1) and set out notice requirements (if any) to apply in place of the requirements of that subsection; S. 6(2)(kca) inserted by No. 53/2012 s. 3(2). (kca) set out classes of applications for permits that are exempted from the requirements of section 54; S. 6(2)(kcb) inserted by No. 53/2012 s. 3(2), amended by Nos 3/2013 s. 76(4), 30/2015 s. 3(1). (kcb) set out classes of applications for permits that are exempted wholly or in part from the requirements of section 60(1)(b) to (f), (1A) and (1B); S. 6(2)(kd) inserted by No. 128/1993 s. 4. (kd) set out classes of applications the decisions on which are exempted from the requirements of section 64(1), (2) and (3) and section 82(1); S. 6(2)(kda) inserted by No. 53/2012 s. 3(3), amended by No. 30/2015 s. 3(2). (kda) set out classes of applications for review that are exempted wholly or in part from the requirements of section 84B(2)(b) to (jb); S. 6(2)(ke) inserted by No. 128/1993 s. 4. (ke) subject to subsection (3), specify what effect (if any) the planning scheme will have on a use or development of land for which a permit or certificate of compliance has been issued; S. 6(2)(kf) inserted by No. 47/2017 s. 8(1). (kf) specify classes of applications to amend referred wind energy facility permits that are wholly exempted from the requirements under section 97E(1) or for which the requirements under section 97E(1) are modified so as to require referral of objections and submissions to an advisory committee established under section 151; (l) provide for any other matter which this Act refers to as being included in a planning scheme. S. 6(2AA) inserted by No. 3/2026 s. 11(3). (2AA) For the purposes of section 6(2)(ja), an affordable housing contribution may be imposed as a condition on a permit if— (a) the relevant planning scheme identifies a need for affordable housing in the area; and (b) the application exceeds a threshold prescribed in the regulations that is expressed in terms of number of dwellings or value of development. S. 6(2AAB) inserted by No. 3/2026 s. 11(3). (2AAB) An affordable housing contribution is to be in the prescribed form, including a monetary contribution in lieu of the provision of affordable housing. S. 6(2AAC) inserted by No. 3/2026 s. 11(3). (2AAC) The regulations may prescribe the maximum affordable housing contributions that can be required under a planning scheme, including the application of differing maximums by reference to different zones and overlays. S. 6(2AAD) inserted by No. 3/2026 s. 11(3). (2AAD) If a monetary contribution is made to acquit a requirement specified in a planning scheme for the provision of an affordable housing contribution, the monetary contribution must be collected by the responsible authority for the proposed use or development of land. S. 6(2AAE) inserted by No. 3/2026 s. 11(3). (2AAE) Despite anything to the contrary in any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**), any monetary contribution collected by a responsible authority under subsection (2AAD) must be spent on a project to construct new affordable housing in the municipal district in which it is collected. S. 6(2AAF) inserted by No. 3/2026 s. 11(3). (2AAF) A responsible authority must keep proper and separate accounts and records of any monetary contribution collected under subsection (2AAD) and how that monetary contribution was spent on the provision of affordable housing in the municipal district. S. 6(2AAG) inserted by No. 3/2026 s. 11(3). (2AAG) The accounts and records required under subsection (2AAF) must be kept in accordance with the **Local Government Act 2020**. S. 6(2A) inserted by No. 47/2017 s. 8(2). (2A) For the purposes of subsection (2)(kf), a class of application to amend a referred wind energy facility permit may be specified by reference to any of the following characteristics of a wind energy facility— (a) the total number of turbines; (b) the maximum height of turbines; (c) the location of turbines. S. 6(3) amended by No. 86/1989 s. 6(1). (3) Subject to subsections (4) and (4A), nothing in any planning scheme or amendment shall— (a) prevent the continuance of the use of any land upon which no buildings or works are erected for the purposes for which it was being lawfully used before the coming into operation of the scheme or amendment (as the case may be); or (b) prevent the use of any building which was erected before that coming into operation for any purpose for which it was lawfully being used immediately before that coming into operation; or (c) prevent the use of any works constructed before that coming into operation for any purpose for which they were being lawfully used immediately before that coming into operation; or (d) prevent the use of any building or work for any purpose for which it was being lawfully erected or carried out immediately before that coming into operation; or (e) require the removal or alteration of any lawfully constructed building or works. (4) Subsection (3) does not apply to a use of land— (a) which has stopped for a continuous period of two years; or (b) which has stopped for two or more periods which together total two years in any period of three years; or (c) in the case of a use which is seasonal in nature, if the use does not take place for two years in succession. S. 6(4A) inserted by No. 86/1989 s. 6(2). (4A) A planning scheme may require a use to which subsection (3) applies to comply with— S. 6(4A)(a) amended by No. 48/2004 s. 137(a)(b). (a) a Code of Practice which has been incorporated or adopted in accordance with section 39 of the **Conservation, Forests and Lands Act 1987**; or (b) a Code of Practice approved or ratified by Parliament under an Act. (5) A provision of a planning scheme may operate for a specified period. (6) A planning scheme may apply to— (a) a municipal district; or (b) a municipal district together with an area adjoining the municipal district which is not in any municipal district; or (c) an area or areas which are not in any municipal district; or (d) if the affected municipal councils consent, any part of a municipal district or any adjoining parts of two or more municipal districts. S. 6A inserted by No. 48/1991 s. 60.