Part 3Planning controls in the Redevelopment Project area

Part 3—Planning controls in the Redevelopment Project area

7 Amendment of planning schemes

(1) In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Planning Minister may—

(a) on the recommendation of the Road Minister and the City Link Minister, prepare; and

(b) adopt and approve—

amendments to any planning scheme applying to any land in the Redevelopment Project area to facilitate the M1 Redevelopment Project.

(2) Without limiting what an amendment may include, an amendment prepared under this clause may—

(a) impose any conditions on the development and use of land for the purposes of the M1 Redevelopment Project that the Planning Minister may determine; and

(b) provide that no permit is required for all or any part of that development or use of land; and

(c) specify the Planning Minister as the responsible authority for the administration or enforcement of any provision of a planning scheme applicable to the M1 Redevelopment Project.

(3) The Planning and Environment Act 1987 (except for sections 12(1)(a), 12(1)(e), 12(2) and 12(3) and Divisions 1 and 2 of Part 3 and sections 38(2) to 38(5) and 39(1) to 39(5) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under this clause.

(4) Section 39(7) of the Planning and Environment Act 1987 applies to an amendment prepared, adopted or approved under this clause as if before "Division 1" there were inserted "section 12(1) or".

(5) Section 39(8) of the Planning and Environment Act 1987 applies to an amendment prepared or adopted under this clause as if—

(a) for the expression "Except for an application under this section, a person" there were substituted "A person"; and

(b) before "Division 1" there were inserted "section 12(1) or".

(6) This clause has effect despite anything in section 46 of the Planning and Environment Act 1987 and that section does not apply to an amendment prepared, adopted or approved under this clause.

Sch. 5A cl. 8 (Heading) amended by No. 49/2019 s. 183(Sch. 3 item 46(e)).

Sch. 5A cl. 8 amended by No. 49/2019 s. 183(Sch. 3 item 46(f)).

8 Head, Transport for Victoria to be referral authority

The Head, Transport for Victoria is deemed to be specified as a referral authority in each planning scheme under the Planning and Environment Act 1987 to the extent that it applies to the Redevelopment Project area in respect of any matter affecting land within the Redevelopment Project area.