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. 9 Planning compensation Despite anything to the contrary in Part 5 of the **Planning and Environment Act 1987** or in a planning scheme or amendment under that Act, that Part applies as if— (a) the Redevelopment Project area had been reserved under a planning scheme for a public purpose, being the M1 Redevelopment Project; and Sch. 5A cl. 9(b) amended by No. 49/2019 s. 183(Sch. 3 item 46(g)). (b) the Head, Transport for Victoria were liable to pay any compensation under that Part that arises from that deemed reservation and no other planning authority, responsible authority, Minister or public authority were liable to pay compensation in respect of the Redevelopment Project area under that Part. Part 4—Acquisition of Redevelopment Project land Division 1—Acquisition of land in Redevelopment Project area Subdivision 1—General 10 Application of Division to M1 Redevelopment Project Sch. 5A cl. 10(1) amended by No. 49/2019 s. 183(Sch. 3 item 46(h)). (1) This Division applies if, under clause 11 of Schedule 5, the Head, Transport for Victoria acquires or intends to acquire any land in the Redevelopment Project area for the purposes of the M1 Redevelopment Project (a ***redevelopment acquisition***). (2) This Division applies in addition to the provisions of clause 11 of Schedule 5. Sch. 5A cl. 10(3) amended by No. 49/2019 s. 183(Sch. 3 item 46(h)). (3) If the Head, Transport for Victoria exercises a power conferred by clause 7 of Schedule 3 in relation to the Redevelopment Project area, this Division applies to the exercise of that power in addition to clause 11 of Schedule 5. (4) This Division and clause 11 of Schedule 5 do not apply to the compulsory acquisition of native title rights and interests in land in the Redevelopment Project area. 11 Modification of Land Acquisition and Compensation Act 1986—general (1) Section 3(3) of the **Land Acquisition and Compensation Act 1986** does not apply to the extent that this Division is inconsistent with that Act. (2) The Redevelopment Project area is deemed to have been reserved under a planning instrument for a public purpose for the purposes of section 5 of the **Land Acquisition and Compensation Act** **1986**. (3) Section 8(1) of the **Land Acquisition and Compensation Act 1986** applies to a redevelopment acquisition as if for paragraph (e) there were substituted— "(e) state that the land is within the Redevelopment Project area within the meaning of Schedule 5A to the **Road Management Act 2004**;". (4) Section 43 of the **Land Acquisition and Compensation Act 1986** applies to a redevelopment acquisition as if after section 43(1)(b) there were inserted— "(ba) Any special suitability or adaptability of the land in which the acquired interest subsists for a purpose for which it could be used under the **Road Management Act 2004** or the **Melbourne City Link Act 1995** for the purposes of the M1 Redevelopment Project within the meaning of Schedule 5A to the **Road Management Act 2004**.". (5) Section 109 of the **Land Acquisition and Compensation Act 1986** does not apply to an interest in land acquired under a redevelopment acquisition. 12 Modification of Land Acquisition and Compensation Act 1986—regulations The regulations in force from time to time under the **Land Acquisition and Compensation Act 1986** and the forms prescribed under those regulations apply in relation to the operation of this Division with such modifications as are necessary to give effect to this Division. 13 Cultural and Recreational Lands Act 1963 Section 3 of the **Cultural and Recreational Lands Act 1963** does not apply to a redevelopment acquisition.