Victorian Planning Authority Act 2017

The Victorian Planning Authority Act 2017 establishes the Victorian Planning Authority (the Authority), creates its corporate and governance architecture, sets out its objects, functions and powers, and defines duties, disclosure and conduct obligations for directors, the chief executive officer and other relevant persons. Mechanically, the Act:

Creates a corporate body with perpetual succession, official seal, capacity to sue and be sued and to enter contracts (ss 4(1)-(2); s 5). Courts are to take judicial notice of the official seal (s 5(2)).
Defines the Authority’s primary object as providing advice and assistance consistent with the objectives of planning in Victoria, and lists subsidiary purposes such as promoting housing supply, liveability, infrastructure coordination and environmental quality (s 7).
Confers functions to advise the Minister, and, subject to Ministerial approval in specified cases, to advise Councils and public sector bodies; and confers express responsibilities for integrated planning in “designated areas” (s 8(1)-(3); s 8(2)).
Gives the Authority broad ancillary powers necessary to achieve its objects, and lists specific powers to enter agreements and exercise statutory powers under other enactments (s 9). The Act expressly notes limits on land-holding when the Authority acts as a responsible authority (note to s 9, referencing s 171(2A) of the Planning and Environment Act 1987).
Places the Authority under general direction and control of the Minister and requires compliance with Government economic and social objectives in addition to planning objectives (s 10(1)-(4); s 36).
Imposes targeted statutory obligations in relation to specific locations and instruments: Yarra River land and the Yarra Strategic Plan (s 10A), declared areas and Statements of Planning Policy (s 10B), and the Great Ocean Road strategic framework plan and protection principles (s 10C). The Act also records exceptions for “declared projects” and Suburban Rail Loop projects in the Yarra and declared area rules (ss 10A(2), 10B(2), 10C(2)).

Version No. 008

Victorian Planning Authority Act 2017

No. 11 of 2017

Version incorporating amendments as at
13 November 2024

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

Part 2—Victorian Planning Authority 6

Division 1—Establishment, functions and powers 6

4 Establishment 6

5 Official seal 6

6 Authority represents the Crown 6

7 Objects 7

8 Functions 7

9 Powers 8

10 Performance of functions and exercise of powers in accordance with planning and Government economic and social objectives 9

10A Obligations of Authority in relation to Yarra River land 10

10B Obligations of Authority in relation to declared areas 11

10C Obligations of Authority in relation to the Great Ocean Road region 12

Division 2—Board of the Victorian Planning Authority 12

11 Board of directors 12

12 Constitution of the board 13

13 Appointment of directors 13

14 Chairperson and deputy chairperson 14

15 Acting appointments 14

16 Vacancies, resignations, removal from office 16

17 Validity of acts or decisions 17

18 Proceedings of the board 17

19 Resolutions without meetings 18

20 Indemnity 19

Division 3—Chief executive officer and staff of the Authority 19

21 Appointment of chief executive officer 19

22 Appointment of acting chief executive officer 20

23 Employees and other staff 21

24 Consultants and contractors 21

Division 4—Conflicts of interest 22

Subdivision 1—Interpretation 22

25 Definitions 22

26 Meaning of general conflict of interest 23

27 Meaning of specific conflict of interest 23

28 Circumstances in which a person does not have a conflict of interest 24

Subdivision 2—Managing conflicts of interest 26

29 Board meetings 26

30 Board resolutions without meetings 27

31 Delegates and agents 28

32 Advisors 30

Division 5—Miscellaneous 31

33 Power to request information or assistance 31

34 Duty to consult 32

35 Duty to establish systems and procedures to enable cooperation with Councils and other public sector bodies 32

36 Minister may give directions to Authority 32

37 Designated areas 33

38 Committees 33

39 Payment of certain members of committees 34

40 Delegation by the Authority or chief executive officer 34

41 Confidential information 35

42 Chief executive officer may issue evidentiary certificates 36

43 Authority must publish certain codes, policies or processes 38

44 Annual business plan 39

45 Authority must not depart significantly from budget without approval 40

Part 3—General 41

46AA Proceedings 41

46 Regulations 41

Part 4—Savings and transitional provisions 42

47 Definitions 42

48 Transfer of property etc. from superseded Authority to Victorian Planning Authority 42

49 Superseded references 43

50 Transfer of members 43

51 Transfer of chief executive officer 45

52 Transfer of staff and entitlements 45

53 Report of operations and financial statements 46

54 Annual business plan 47

═══════════════

Endnotes 49

1 General information 49

2 Table of Amendments 51

3 Explanatory details 53

Version No. 008

Victorian Planning Authority Act 2017

No. 11 of 2017

Version incorporating amendments as at
13 November 2024

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to establish the Victorian Planning Authority; and

(b) to amend the Planning and Environment Act 1987 to abolish the Growth Areas Authority; and

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 December 2017, it comes into operation on that day.

3 Definitions

(1) In this Act—

S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 110.

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Authority means the Victorian Planning Authority established under section 4;

board means the board of directors of the Authority;

chief executive officer means the chief executive officer of the Authority appointed under section 21;

committee means a committee established by the board under section 38;

consultant means a lawyer, an engineer, an architect, a town planner, an urban designer or other professional adviser engaged by the Authority to assist with the carrying out of its objects, functions, powers and duties;

S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 110).

Council has the same meaning as in the Local Government Act 2020;

S. 3(1) def. of declared area inserted by No. 17/2018 s. 28.

declared area has the same meaning as in the Planning and Environment Act 1987;

Department has the same meaning as in the Public Administration Act 2004;

designated area means an area of land designated under section 37;

domestic partner, of a person, means—

(a) a person who is in a registered relationship with the person; or

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 110.

Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 110.

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 110.

Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 110.

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

interface body has the same meaning as in the Transport Integration Act 2010;

objectives of planning in Victoria means the objectives of planning in Victoria set out in section 4(1) of the Planning and Environment Act 1987;

planning authority means a planning authority under the Planning and Environment Act 1987;

public sector body has the same meaning as in the Public Administration Act 2004;

public service body has the same meaning as in the Public Administration Act 2004;

public statutory authority means a body established by or under an Act for a public purpose;

referral authority has the same meaning as in the Planning and Environment Act 1987;

relevant person means—

(a) a director of the Authority; or

(b) the chief executive officer; or

(d) an employee of the Authority; or

(e) a seconded staff member; or

(f) a consultant;

responsible authority means a responsible authority under the Planning and Environment Act 1987;

seconded staff member means a member of staff of a public sector body who provides services to the Authority under an agreement or arrangement referred to in section 23(2);

S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 28.

Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;

S. 3(1) def. of superseded Authority amended by No. 49/2017 s. 91(1).

superseded Authority means the Growth Areas Authority established by section 46AQ of the Planning and Environment Act 1987 as in force from time to time before the day on which section 56 came into operation;

S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 91(2).

Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 91(2).

Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 91(2).

Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 91(2).

Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

Part 2—Victorian Planning Authority

Division 1—Establishment, functions and powers

4 Establishment

(1) The Victorian Planning Authority is established.

(2) The Authority—

(a) is a body corporate with perpetual succession; and

(b) has an official seal; and

(d) may acquire, hold and dispose of personal property; and

(e) may take land on lease and grant sub-leases of leased land; and

(f) may do and suffer all acts and things that a body corporate may by law do and suffer.

5 Official seal

(1) The official seal of the Authority must—

(a) be kept in such custody as the Authority directs; and

(b) not be used except as authorised by the Authority.

(2) All courts must take judicial notice of the official seal of the Authority affixed to any document and, until the contrary is proved, presume that it was duly affixed.

6 Authority represents the Crown

In performing its functions and exercising its powers, the Authority represents the Crown.

7 Objects

(1) The primary object of the Authority is to provide advice and assistance that is in accordance with the objectives of planning in Victoria.

(2) Without limiting subsection (1), the primary object includes collaborating with government agencies (including public sector bodies) and Councils—

(a) to promote the objectives of planning in Victoria; and

(b) to support productivity, liveability, housing affordability and environmental quality for Victorian communities; and

(d) to promote the alignment of decisions made by government about infrastructure with land use planning; and

(e) to promote the supply of housing; and

(f) to encourage land development that is sustainable and that takes into account natural and other hazards.

8 Functions

(1) For the purposes of achieving its objects, the Authority has the following functions—

(a) to provide the Minister with advice and assistance in relation to planning the use, development and protection of land in Victoria;

(b) subject to subsection (3), to provide Councils and public sector bodies with advice and assistance in relation to planning the use, development and protection of land in Victoria;

(c) to perform any other functions conferred on it under this Act, the Planning and Environment Act 1987 or any other enactment.

(2) The Authority also has the following functions in relation to designated areas for the purposes of achieving its objects—

(a) to undertake integrated land use and infrastructure planning in those areas;

(b) to coordinate State Government action in relation to planning the use, development and protection of land in those areas.

(3) The Authority must not give advice or provide assistance under subsection (1)(b) unless the Minister, or a person authorised by the Minister, has approved the giving of advice or the provision of assistance in a specified case or class of cases.

Note

The Authority is also an interface body within the meaning of the Transport Integration Act 2010.

9 Powers

(1) The Authority has power to do all things that are necessary or convenient to be done for or in connection with the achievement of its objects and the performance of its functions.

(2) Without limiting subsection (1), the Authority may—

(a) enter into any agreements, contracts or arrangements in connection with its objects, functions or powers; and

(b) exercise the powers conferred on the Authority by this Act or any other enactment.

Notes

1 The Authority has functions and powers under the Planning and Environment Act 1987.

2 The Authority does not have power to purchase, hold or dispose of land when acting as a responsible authority—see section 171(2A) of the Planning and Environment Act 1987.

10 Performance of functions and exercise of powers in accordance with planning and Government economic and social objectives

(1) The Authority must perform its functions and exercise its powers under this Act in accordance with—

(a) the objectives of planning in Victoria; and

(b) any economic and social objectives established from time to time by the State Government.

(2) In performing its functions and exercising its powers, the Authority must—

(a) engage, consult and collaborate with other planning entities, including Councils, in relation to their functions as planning authorities and responsible authorities; and

(b) have regard to the whole of the functions conferred on Councils, planning authorities and responsible authorities by the Planning and Environment Act 1987; and

(c) have regard to the functions of public sector bodies, including public sector bodies that have responsibility for the planning and delivery of infrastructure and related services; and

Example

The Authority, in performing its functions and exercising its powers, must have regard to the functions of agencies under the Transport Integration Act 2010.

(d) seek to achieve State Government policy objectives through coordination between all levels of government, government agencies (including public sector bodies) and with the private sector.

(3) The Authority must have regard to its current annual business plan under section 44 in performing its functions.

(4) The Authority is subject to the general direction and control of the Minister.

Note

The Minister may give written directions to the Authority under section 36 regarding the performance of its functions or the exercise of its powers.

S. 10A inserted by No. 49/2017 s. 92.

10A Obligations of Authority in relation to Yarra River land

(1) The Authority—

(a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Authority when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and

(b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Authority, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.

S. 10A(2) substituted by No. 43/2021 s. 219(Sch. 1 item 13.1).

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Authority in relation to—

(a) a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b) a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

S. 10B inserted by No. 17/2018 s. 29.

10B Obligations of Authority in relation to declared areas

(1) The Authority, when performing a function or duty or exercising a power under this Act in relation to a declared area—

(a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Authority; and

(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Authority; and

S. 10B(2) substituted by No. 43/2021 s. 219(Sch. 1 item 13.2).

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Authority in relation to—

(a) a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b) a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

S. 10C inserted by No. 19/2020 s. 111.

10C Obligations of Authority in relation to the Great Ocean Road region

(1) The Authority, when performing a function or duty or exercising a power under this Act or any other Act—

(a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Authority in relation to the Great Ocean Road scenic landscapes area; and

(b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

(c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Authority in relation to the Great Ocean Road region.

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Authority in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

Division 2—Board of the Victorian Planning Authority

11 Board of directors

(1) The Authority must have a board of directors.

(2) The board—

(a) is responsible for determining the general policies and strategic direction of the Authority for the purpose of achieving its objects; and

(b) may exercise the powers of the Authority.

12 Constitution of the board

(1) The board consists of—

(a) a chairperson; and

(b) a deputy chairperson; and

(2) One of the chairperson, deputy chairperson or other directors must have, in the opinion of the Minister, substantial experience or knowledge of local government.

13 Appointment of directors

(1) The directors of the Authority must be appointed by the Governor in Council on the recommendation of the Minister.

(2) When recommending persons to be directors, the Minister must have regard to the need for directors to have experience, skills or knowledge of any one or more of the following fields—

(a) planning, including strategic land use planning in metropolitan or regional areas;

(b) infrastructure planning, delivery, policy and strategy;

(d) development;

(e) housing supply;

(f) corporate or public sector governance;

(g) economics;

(h) finance or financial management;

(i) management of business or commercial ventures;

(j) local government.

(3) A director must be appointed—

(a) on a full-time or part-time basis; and

(b) for the period, not exceeding 4 years, specified in the instrument of appointment; and

(4) A director is eligible to be reappointed.

14 Chairperson and deputy chairperson

The Minister must appoint—

(a) one of the directors of the Authority to be the chairperson of the board; and

(b) one of the directors of the Authority to be the deputy chairperson of the board.

15 Acting appointments

(1) The Minister may appoint a director of the Authority to act as chairperson—

(a) if the office of chairperson is vacant; or

(b) during any period when the chairperson is absent; or

(c) if the chairperson is, for any other reason, unable to attend meetings of the board or otherwise unable to perform the duties of the office.

(2) While a director of the Authority is acting as chairperson, the director—

(a) has and may exercise all the powers, and must perform all the functions and duties of, the chairperson; and

(b) is entitled to be paid the remuneration and allowances to which the chairperson would have been entitled.

(3) The Minister may appoint a director of the Authority to act as deputy chairperson—

(a) if the office of deputy chairperson is vacant; or

(b) during any period when the deputy chairperson is absent; or

(d) if the deputy chairperson is, for any other reason, unable to attend meetings of the board or otherwise unable to perform the duties of the office.

(4) While a director of the Authority is acting as deputy chairperson, the director—

(a) has and may exercise all the powers, and must perform all the functions and duties of, the deputy chairperson; and

(b) is entitled to be paid the remuneration and allowances to which the deputy chairperson would have been entitled.

(5) The Minister may appoint a person to act as a director (other than the chairperson or deputy chairperson) of the Authority—

(a) during a vacancy in the office of a director; or

(b) during any period when a director is absent; or

(d) if a director is, for any other reason, unable to attend meetings of the board or otherwise unable to perform the duties of the office.

(6) While a person is acting as a director of the Authority, the person—

(a) has and may exercise all the powers, and must perform all the functions and duties of, a director; and

(b) is entitled to be paid the remuneration and allowances to which a director would have been entitled.

16 Vacancies, resignations, removal from office

(1) The office of a director of the Authority becomes vacant if the director—

(a) without the approval of the board, fails to attend 3 consecutive meetings of the board; or

(b) becomes insolvent under administration; or

(c) is found guilty in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence.

(2) A director of the Authority may resign by notice in writing delivered to the Governor in Council.

(3) The Governor in Council, on the recommendation of the Minister, may remove a director of the Authority from office on any of the following grounds—

(a) misconduct;

(b) neglect of duty;

(d) any other ground on which the Governor in Council is satisfied that the director should not hold office.

(4) The Minister must recommend that a director of the Authority be removed from office if the director is found guilty of an offence (other than an indictable offence) relating to the director's duties as a director.

17 Validity of acts or decisions

(1) An act or decision of the board is not invalid merely because of—

(a) a vacancy in its membership, including a vacancy arising from the failure to appoint a director; or

(b) a defect or irregularity in, or in connection with, the appointment of a director.

(2) Anything done by or in relation to a person purporting to act as a director of the Authority is not invalid merely because—

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in, or in connection with, the appointment; or

(d) the occasion for the person to act had ceased.

18 Proceedings of the board

(1) A meeting of the board must be presided over by—

(a) the chairperson; or

(b) in the absence of the chairperson, the deputy chairperson; or

(c) in the absence of both the chairperson and the deputy chairperson, a director elected by the directors present at the meeting.

(2) A majority of the directors of the board for the time being constitutes a quorum.

(3) A question arising at a meeting of the board is determined by a majority of votes.

(4) The person presiding at a meeting of the board must ensure that accurate minutes are kept of the meeting.

(5) The person presiding at a meeting of the board has—

(a) a deliberative vote; and

(b) in the case of an equality of votes, a second or casting vote.

(6) The board may permit directors to participate in a particular meeting, or all meetings, by means of communication that does not require the physical presence of each director in the same place.

(7) Subject to this Act, the board may otherwise regulate its own procedure.

19 Resolutions without meetings

(1) If a majority of the directors of the board (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the board held—

(a) on the day on which the document is signed; or

(b) if the directors do not sign the document on the same day, on the day on which the last director to sign signs the document.

(2) If a resolution is taken under subsection (1) to have been passed at a meeting of the board, each director must be—

(a) advised as soon as practicable; and

(b) given a copy of the terms of the resolution.

(3) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, are taken to constitute one document.

20 Indemnity

The powers of the Authority do not include a power to exempt, whether directly or indirectly, a director of the Authority from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of the Authority against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to the Authority.

Division 3—Chief executive officer and staff of the Authority

21 Appointment of chief executive officer

(1) The board, with the approval of the Minister, may appoint a person as chief executive officer of the Authority.

(2) The chief executive officer is responsible for the management of the affairs of the Authority in accordance with—

(a) the general policies and strategic direction determined by the board; and

(b) the requirements of this Act and any other enactment.

(3) The chief executive officer must satisfy the board that funds are spent, staff are carrying out functions and the Authority is generally managed and administered in accordance with—

(a) the general policies and strategic direction determined by the board; and

(b) the requirements of this Act and any other enactment.

(4) The chief executive officer is—

(a) appointed on a full-time or part-time basis; and

(b) appointed for the period, not exceeding 5 years, specified in the instrument of appointment; and

(c) appointed on the terms and conditions (including remuneration and allowances) specified in the instrument of appointment; and

(d) eligible to be reappointed.

(5) The chief executive officer may resign by notice in writing delivered to the chairperson of the board.

(6) The board, with the approval of the Minister, may remove the chief executive officer from office.

(7) The chief executive officer must not be a director of the board.

22 Appointment of acting chief executive officer

(1) If the chief executive officer is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of chief executive officer, the board may appoint another person to act in the place of the chief executive officer during the period of the inability.

(2) While a person is acting as chief executive officer, the person—

(a) has and may exercise all the powers, and must perform all the functions and duties, of the chief executive officer; and

(b) is to be paid any remuneration and travelling or other allowances fixed by the board from time to time having regard to the rate of remuneration and allowances for the time being payable to the chief executive officer.

(3) The board, by instrument, may delegate to the chairperson of the board its power to appoint a person to act in the place of the chief executive officer under subsection (1).

23 Employees and other staff

(1) The Authority may employ any persons for the purposes of carrying out its objects, functions, powers and duties.

(2) The Authority may enter into agreements or arrangements for the use of the services of any staff of a public sector body.

(3) The Authority, in employing persons under this section, does not represent the Crown.

24 Consultants and contractors

The Authority may engage persons with suitable qualifications and experience as consultants or contractors to assist with the carrying out of its objects, functions, powers and duties.

Division 4—Conflicts of interest

Subdivision 1—Interpretation

25 Definitions

In this Division—

family member of a person means—

(a) the person's spouse or domestic partner; or

(b) a parent or step-parent of the person, or a parent or step-parent of the person's spouse or domestic partner; or

(d) a sibling or step-sibling of the person, or a sibling or step-sibling of the person's spouse or domestic partner; or

(e) a child or step-child of the person, or a child or step-child of the person's spouse or domestic partner; or

(f) a grandchild of the person, or a grandchild of the person's spouse or domestic partner; or

(g) any other relative of the person who resides in the person's household; or

(h) the spouse or domestic partner of—

(i) a parent or step-parent referred to in paragraph (b); or

(ii) a grandparent referred to in paragraph (c); or

(iii) a sibling or step-sibling referred to in paragraph (d); or

(iv) a child or step-child referred to in paragraph (e); or

(v) a grandchild referred to in paragraph (f); or

(vi) a relative referred to in paragraph (g);

general conflict of interest—see section 26;

specific conflict of interest—see section 27.

26 Meaning of *general conflict of interest*

A person has a general conflict of interest in a matter if the person could reasonably be taken, from the perspective of an impartial, fair-minded person, to have a conflict of interest in the matter.

27 Meaning of *specific conflict of interest*

(1) A person has a specific conflict of interest in a matter if any of the following persons would gain a benefit or suffer a loss (whether directly or indirectly and whether of a financial or non‑financial nature) depending on the outcome of the consideration of the matter—

(a) the person;

(b) a family member of the person;

(c) a body corporate of which the person, or the person's spouse or domestic partner, is a director or member of the governing body;

(d) a partner in a partnership of which the person is a partner;

(e) an employer (other than a public sector body) of the person;

(f) a person for whom the person acts as a consultant, contractor or agent;

(g) a beneficiary under a trust or an object of a discretionary trust of which the person is a trustee;

(h) a member of a prescribed class of persons.

(2) A person (first person) also has a specific conflict of interest in a matter if the first person has received one or more gifts with a total value of, or more than, the threshold amount, from any of the following persons in the 5 years preceding the consideration of the matter—

(a) a person who would gain a benefit or suffer a loss, whether directly or indirectly and whether of a financial or non-financial nature (a relevant interest), depending on the outcome of the consideration of the matter;

(b) a director, consultant, contractor or agent (or the director's, consultant's, contractor's or agent's employees) of a person that the first person knows has a relevant interest in the matter;

(3) For the purposes of subsection (2), the threshold amount is $500 or a higher prescribed amount.

28 Circumstances in which a person does not have a conflict of interest

For the purposes of this Division, a person does not have a specific conflict of interest or general conflict of interest in a matter in the following circumstances—

(a) the person—

(i) does not know the circumstances that give rise to the conflict of interest; and

(ii) would not reasonably be expected to know the circumstances that give rise to the conflict of interest;

(b) the conflict of interest is so remote or insignificant that it could not reasonably be regarded as capable of influencing any actions or decisions of the person in relation to the matter;

(i) in common as a resident, ratepayer, taxpayer or voter and does not exceed the interests generally held by other residents, ratepayers, taxpayers or voters; or

(ii) in common with another large class of persons and does not exceed the interests generally held by members of the class of persons;

(d) the conflict of interest only arises because the person, or a family member of the person, is a member of a religious group;

(e) the conflict of interest only arises because the person, or a family member of the person, is a member (other than an office holder) of a community group, sporting club or similar organisation;

(f) the conflict of interest only arises because the person—

(i) holds the interest in a prescribed circumstance; or

(ii) is a member of a prescribed organisation or group, or is a member of an organisation or group that is a prescribed class of organisation or group.

Subdivision 2—Managing conflicts of interest

29 Board meetings

(1) A director of the Authority who has a specific conflict of interest or general conflict of interest in a matter to be considered by the board at a meeting and who is attending the meeting must disclose that conflict of interest by advising the board at the meeting of the nature of the conflict of interest before the matter is to be considered.

Penalty: 120 penalty units.

(2) A director of the Authority who has disclosed a specific conflict of interest or general conflict of interest in accordance with subsection (1)—

(a) must not take any further part in consideration of the matter; and

(b) must not vote on any decision of the
board in relation to the matter.

Penalty: 120 penalty units.

(3) A director of the Authority who has disclosed a specific conflict of interest or general conflict of interest under subsection (1) must leave the room while the matter is being considered.

(4) If a director of the Authority who has a specific conflict of interest or general conflict of interest in a matter votes or purports to vote on any decision of the board in relation to the matter, the director's vote must be disallowed.

(5) If a director of the Authority discloses a specific conflict of interest or general conflict of interest in accordance with subsection (1), the person chairing the meeting must ensure the following details are recorded in the minutes of the meeting—

(a) the director's name;

(b) the nature of the conflict of interest, as described by the director;

(6) If a person discloses a specific conflict of interest or general conflict of interest to the board in accordance with section 31(5), the person chairing the meeting must ensure the following details are recorded in the minutes of the meeting—

(a) the name of the person who made the disclosure;

(b) the nature of the conflict of interest, as described by the person who made the disclosure.

Note

See also Part 5 of the Public Administration Act 2004.

30 Board resolutions without meetings

(1) A director of the Authority who has a specific conflict of interest or general conflict of interest in a matter to be decided by resolution under section 19 must disclose that conflict of interest by advising, in writing, the chief executive officer of the nature of the conflict of interest as soon as possible after receiving a copy of a document containing the proposed resolution.

Penalty: 120 penalty units.

(2) A director of the Authority who has disclosed, in accordance with subsection (1), a specific conflict of interest or general conflict of interest in a matter to be decided by resolution under section 19 must not sign a document containing a statement that the director is in favour of the resolution.

Penalty: 120 penalty units.

(3) If a director of the Authority discloses a specific conflict of interest or general conflict of interest in accordance with subsection (1)—

(a) the chief executive officer must report the disclosure to the board by no later than the next ordinary meeting of the board; and

(b) at the meeting, the person chairing the meeting must ensure the following details are recorded in the minutes of that meeting—

(i) the director's name;

(ii) the nature of the conflict of interest, as described by the director;

(iii) which directors signed a document containing a statement in favour of a resolution on the matter that gave rise to the conflict of interest.

Note

See also Part 5 of the Public Administration Act 2004.

31 Delegates and agents

(1) A person who has a specific conflict of interest or general conflict of interest in a matter and who has been delegated a function, duty or power of the Authority or the chief executive officer under this Act or under any other enactment must not perform the function or duty or exercise the power in relation to the matter.

Penalty: 120 penalty units.

(2) A person authorised to act for and on behalf of the Authority in relation to a matter must not act in relation to the matter if the person has a specific conflict of interest or general conflict of interest in the matter.

Penalty: 120 penalty units.

(3) A person who has a specific conflict of interest or general conflict of interest in a matter in respect of which the person has a delegated function, duty or power of the Authority or the chief executive officer under this Act or under any other enactment, must disclose the conflict of interest in accordance with subsection (5).

Penalty: 120 penalty units.

(4) A person authorised to act for and on behalf of the Authority in relation to a matter, and who has a specific conflict of interest or general conflict of interest in the matter, must disclose the conflict of interest in accordance with subsection (5).

Penalty: 120 penalty units.

(5) A person must disclose the nature of the conflict of interest in writing—

(a) if the person is a director (other than the chairperson of the board) or the chief executive officer—

(i) to the chairperson of the board as soon as the director or chief executive officer becomes aware of the conflict of interest in the matter; and

(ii) to the board by no later than the next ordinary meeting of the board; or

(b) if the person is the chairperson of the board—

(i) to the chief executive officer as soon as the chairperson becomes aware of the conflict of interest in the matter; and

(ii) to the board by no later than the next ordinary meeting of the board; or

(c) in any other case, to the chief executive officer as soon as the person becomes aware of the conflict of interest in the matter.

(6) Subsections (1) to (4) and (5)(a) do not apply to the chief executive officer if the chief executive officer has a specific conflict of interest or general conflict of interest in a matter and the matter only relates to—

(a) the adoption or amendment of a policy relating to the Authority's staff generally; or

(b) a decision to delegate a function, duty or power to an employee of the Authority or a seconded staff member.

(7) The chief executive officer must keep a record of conflicts of interest disclosed to the chief executive officer under this section.

(8) A reference in this section to a person who has been delegated a function, duty or power includes a person who has been sub-delegated a function, duty or power.

32 Advisors

(1) A relevant person who is providing advice or a report to a person or body specified in subsection (2) and who has a specific conflict of interest or general conflict of interest in a matter to which the advice or report relates, must disclose the nature of the conflict of interest to that person or body before the person or body considers that advice.

Penalty: 120 penalty units.

(2) For the purposes of subsection (1), the following persons and bodies are specified—

(a) the board;

(b) a committee;

(c) a person who has been delegated a function, duty or power of the Authority under this Act or under any other enactment.

(3) A reference in this section to a person who has been delegated a function, duty or power includes a person who has been sub-delegated a function, duty or power.

Division 5—Miscellaneous

33 Power to request information or assistance

(1) For the purposes of performing its functions, the Authority, by written notice, may request any of the following entities to provide the information or assistance specified in the notice—

(a) a Council;

(b) a planning authority;

(d) a referral authority;

(e) an advisory committee established under section 151 of the Planning and Environment Act 1987;

(f) an interface body;

(g) any other public statutory authority.

(2) An entity must comply with a request under subsection (1).

(3) The Authority must not request personal information under subsection (1) other than the name and address of an owner of land.

(4) The Authority must not use personal information other than to notify, or consult with, landholders in a particular area for the purposes of performing its functions.

(5) The Authority must not make a request under subsection (1) unless the Minister has approved the request in a specified case or class of cases.

34 Duty to consult

(1) In performing its functions and exercising its powers under this Act, the Authority must—

(a) if a matter is likely to affect a Council's functions as a planning authority or responsible authority, consult with the Council; and

(b) if a matter is likely to significantly affect the functions of any other planning authority, responsible authority or public sector body, consult with the authority or body.

(2) Any consultation must be conducted in accordance with any directions given by the Minister.

35 Duty to establish systems and procedures to enable cooperation with Councils and other public sector bodies

The Authority must establish systems and procedures for the purpose of enabling the Authority to cooperate with Councils, planning authorities, responsible authorities and other relevant public sector bodies in relation to strategic planning issues.

36 Minister may give directions to Authority

(1) The Minister may give a written direction to the Authority regarding the performance of its functions and the exercise of its powers under this Act.

(2) Without limiting subsection (1), the Minister may direct the Authority to provide the Minister with advice on any matter relating to land use planning, land development or the objectives of planning in Victoria.

(3) The Authority must comply with a written direction of the Minister.

(4) The Authority must publish a written direction of the Minister in its report of operations.

37 Designated areas

The Minister, by notice published in the Government Gazette, may designate an area of land to be a designated area for the purposes of this Act.

38 Committees

(1) The Authority may establish a committee to advise the Authority on any matter referred to it by the board.

(2) A committee must consist of at least one director of the Authority who is to be the chairperson of the committee.

(3) A meeting of a committee must be presided over by—

(a) the chairperson; or

(b) in the absence of the chairperson, a member of the committee elected by the members present at the meeting.

(4) Subject to this Act and any procedures determined by the Authority under subsection (5), a committee may regulate its own procedure.

(5) The Authority may determine procedures to be followed by a committee.

39 Payment of certain members of committees

(1) A member of a committee, other than a member who is a public official employed on a full-time basis, is entitled to be paid remuneration and allowances determined by the Minister.

(2) In this section—

public official has the same meaning as in the Public Administration Act 2004.

40 Delegation by the Authority or chief executive officer

(1) The Authority, by instrument, may delegate to any of the following persons any function, duty or power of the Authority under this Act—

(a) the chief executive officer;

(b) an employee of the Authority;

(2) The chief executive officer, subject to any conditions or limitations to which the delegation is subject, may sub-delegate a function, duty or power delegated to the chief executive officer under subsection (1) to a person specified in subsection (3) if the instrument of delegation authorises its sub-delegation.

(3) For the purposes of subsection (2), the following persons are specified—

(a) an employee of the Authority;

(b) a seconded staff member.

(4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.

41 Confidential information

(1) A person who is, or has been, a relevant person, a member of the superseded Authority, a chief executive officer of the superseded Authority or a superseded Authority employee, must not disclose information that the person knows, or should reasonably know, is confidential information.

Penalty: 120 penalty units.

(2) Subsection (1) does not apply to a person referred to in that subsection who discloses information that the person knows is confidential information in the following circumstances—

(a) for the purposes of any legal proceedings in relation to this Act or the Planning and Environment Act 1987;

(b) to a court or tribunal in the course of a legal proceeding;

(d) to the extent reasonably required for any other law enforcement purposes;

(e) for purposes required by law or by or under an enactment.

(3) Without limiting section 42, a certificate signed by the chief executive officer stating that information is confidential information, or was confidential information on a stated day or during a stated period, is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that the information is or was confidential information.

(4) In this section—

confidential information means information that—

(a) the board or the superseded Authority has determined by resolution to be confidential; or

(b) the chief executive officer or the chief executive officer of the superseded Authority has designated in writing to be confidential;

superseded Authority employee means a person who was employed to assist the superseded Authority to carry out its functions and achieve its objectives.

42 Chief executive officer may issue evidentiary certificates

(1) A certificate signed by the chief executive officer stating any of the matters specified in subsection (2) is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

(2) For the purposes of subsection (1), the following matters are specified—

(a) on a stated day, the Authority or the superseded Authority made a stated determination or decision;

(b) the terms of a determination or decision made by the Authority or the superseded Authority;

(c) stated information is information recorded in the minutes of the board, or the minutes of the superseded Authority's board, taken on a stated day;

(d) on a stated day, or during a stated period, a person was—

(i) a director of the Authority or a member of the superseded Authority; or

(ii) the chief executive officer or the chief executive officer of the superseded Authority; or

(iii) a member of a committee of the Authority; or

(iv) an employee of the Authority or the superseded Authority; or

(v) a seconded staff member; or

(vi) a consultant or contractor engaged by the Authority or the superseded Authority;

(e) on a stated day, a stated person disclosed a specific conflict of interest or general conflict of interest and the nature of the disclosure;

(f) on a stated day, or during a stated period, a delegation or sub-delegation of a stated function, duty or power by the Authority, the chief executive officer or the superseded Authority to a stated person was in force;

(g) a stated document is an instrument of delegation or sub-delegation made under—

(i) section 22 or 40; or

(ii) section 186, 188, 188A or 190 of the Planning and Environment Act 1987; or

(iii) section 46AZD of the Planning and Environment Act 1987 as that section was in force from time to time before the commencement day;

(h) stated information is information kept in connection with the performance of the Authority's or the superseded Authority's functions under Part 9B of the Planning and Environment Act 1987;

(i) on a stated day, stated land is or is not within the contribution area;

(j) a stated document is a copy of an application made by the Authority or the superseded Authority under section 201UB or 201UC of the Planning and Environment Act 1987;

(k) the status of any matter that relates to the administration of Part 9B of the Planning and Environment Act 1987 by the Authority or the superseded Authority;

(l) a stated document is a copy of a document issued by the Authority or the superseded Authority.

(3) In this section—

commencement day means the day on which section 56 comes into operation;

contribution area has the same meaning as in Part 9B of the Planning and Environment Act 1987.

43 Authority must publish certain codes, policies or processes

(1) The Authority must publish details of any code of conduct, policy or process that it has put in place under section 81 of the Public Administration Act 2004 to manage conflicts of interest or duties of directors of the Authority.

Notes

1 Section 81 of the Public Administration Act 2004 requires the board of a public entity to, among other things, ensure that processes are in place to deal with conflicts of interest or duties of directors.

2 Division 4 sets out procedures in relation to conflicts of interest.

(2) The Authority must include in its report of operations under Part 7 of the Financial Management Act 1994 a description of each disclosure of a specific conflict of interest or general conflict of interest made by a director of the Authority in the relevant financial year.

(3) A description under subsection (2) must not contain the following information—

(a) information relating to the personal affairs of a person other than a director of the Authority;

(b) information that is confidential information within the meaning of section 41(4).

Example

A director of the Authority discloses a specific conflict of interest to the board under section 29. The annual report for that financial year states the name of the director and that the director disclosed a specific conflict of interest because the director has a family member who owns property the value of which could be affected by a decision of the Authority. The annual report does not contain the name of the director's family member or identifying details about the family member's property.

44 Annual business plan

(1) The Authority must submit to the Minister for approval, on or before 31 May in each year, a draft business plan that sets out—

(a) its objectives and priorities for the next 4 financial years; and

(b) financial projections for the next 4 financial years; and

(d) what it intends to do over the next financial year; and

(e) any other matters that the Minister requires in writing.

(2) After amending its draft business plan in any way required by the Minister, the Authority must submit a final business plan to the Minister for approval on or before the date required by the Minister.

(3) The Authority must ensure that a copy of its current business plan is—

(a) available for inspection by members of the public at its principal place of business whenever that place is open to the public; and

(b) published on the Internet.

45 Authority must not depart significantly from budget without approval

The Authority must not depart significantly from the budget set out in its current business plan under section 44 without first obtaining the approval of the Minister.

Part 3—General

S. 46AA inserted by No. 43/2024 s. 62.

46AA Proceedings

A proceeding for a summary offence against a provision of Division 4 of Part 2 may be commenced within 3 years after the date on which the offence is alleged to have been committed.

46 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act.

(2) Regulations made under this section may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstance.

Part 4—Savings and transitional provisions

47 Definitions

In this Part—

commencement day means the day on which section 56 comes into operation;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.

48 Transfer of property etc. from superseded Authority to Victorian Planning Authority

On the commencement day—

(a) the superseded Authority is abolished and its members go out of office; and

(b) the Authority is the successor in law of the superseded Authority; and

(c) all rights, property and liabilities of the superseded Authority immediately before its abolition become rights, property and liabilities of the Authority; and

(d) the Authority is substituted as a party in any proceeding, agreement or arrangement commenced or made by or against or in relation to the superseded Authority; and

(e) the Authority may continue and complete any other continuing matter or thing commenced or against or in relation to the superseded Authority.

49 Superseded references

A reference in any Act (other than this Act or the Planning and Environment Act 1987), subordinate instrument (including any planning scheme), agreement, deed or other document to the superseded Authority (by whatever name described) must be construed as a reference to the Authority—

(a) so far as the reference relates to any period on or after the commencement day; and

(b) if not inconsistent with the subject matter.

50 Transfer of members

(1) A person who, immediately before the commencement day, was a member of the superseded Authority under section 46AV of the Planning and Environment Act 1987 (other than the chairperson or deputy chairperson of the superseded Authority) is taken on and after that day to be a director of the Authority appointed—

(a) on the same terms and conditions on which the person held office as that member, unless those terms or conditions are varied; and

(b) until the date on which the person's term as that member would have otherwise expired, unless—

(i) the person resigns from office; or

(ii) the person's office becomes vacant under section 16; or

(iii) the person is removed from office under section 16.

(2) A person who, immediately before the commencement day, was the chairperson and member of the superseded Authority under section 46AW of the Planning and Environment Act 1987 is taken on and after that day to be the chairperson and director of the Authority appointed—

(a) on the same terms and conditions on which the person held office as the chairperson and member, unless those terms and conditions are varied; and

(b) until the date on which the person's term as the chairperson and member would have otherwise expired, unless—

(i) the person resigns from office; or

(ii) the person's office becomes vacant under section 16; or

(iii) the person is removed from office under section 16.

(3) A person who, immediately before the commencement day, was the deputy chairperson and member of the superseded Authority under section 46AW of the Planning and Environment Act 1987 is taken on and after that day to be the deputy chairperson and director of the Authority appointed—

(a) on the same terms and conditions on which the person held office as the deputy chairperson and member, unless those terms and conditions are varied; and

(b) until the date on which the person's term as the deputy chairperson and member would have otherwise expired, unless—

(i) the person resigns from office; or

(ii) the person's office becomes vacant under section 16; or

(iii) the person is removed from office under section 16.

51 Transfer of chief executive officer

The person who, immediately before the commencement day, was the chief executive officer of the superseded Authority under section 46AZB of the Planning and Environment Act 1987 is taken on and after that day to be the chief executive officer of the Authority appointed—

(a) on the same terms and conditions on which the person held office as the chief executive officer of the superseded Authority, unless the terms or conditions of the instrument of appointment are varied; and

(b) until the date on which the person's term as chief executive officer of the superseded Authority would have otherwise expired, unless—

(i) the person resigns from office; or

(ii) the person is removed from office under section 21.

52 Transfer of staff and entitlements

(1) On the commencement day, all persons who were employees of the superseded Authority immediately before the commencement day are taken to be employees of the Authority on the same terms and conditions and with the same accrued and accruing entitlements as applied to those persons immediately before the commencement day as employees of the superseded Authority.

(2) If subsection (1) applies to a person—

(a) the service of the person as an employee of the Authority is to be regarded for all purposes as having been continuous with the service of the employee with the superseded Authority; and

(b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the superseded Authority.

(3) Nothing in this section prevents an employee of the superseded Authority from resigning or being dismissed at any time after the commencement day in accordance with the terms and conditions of the employee's employment.

(4) If a person who becomes an employee of the Authority under this section was, immediately before the commencement day, an officer within the meaning of the State Superannuation Act 1988 or a corresponding previous enactment, the person continues, subject to that Act, to be an officer within the meaning of that Act while the person is an employee of the Authority.

53 Report of operations and financial statements

(1) The Authority must cause to be prepared, in accordance with Part 7 of the Financial Management Act 1994, a report of operations of the superseded Authority for the 2016/2017 financial year which includes the information required by section 201VC(2) of the Planning and Environment Act 1987 if, before the commencement day, the chief executive officer of the superseded Authority has not prepared the report of operations for that financial year.

(2) The chief executive officer of the Authority must cause to be prepared, in accordance with Part 7 of the Financial Management Act 1994, financial statements of the superseded Authority for the 2016/2017 financial year if, before the commencement day, the chief executive officer of the superseded Authority has not prepared the financial statements for that financial year.

(3) The Authority must submit, in accordance with Part 7 of the Financial Management Act 1994, the report of operations for the superseded Authority for the 2016/2017 financial year to the Auditor-General as soon as practicable after it has been prepared, if, before the commencement day, the superseded Authority has not submitted the report of operations for that year.

(4) The chief executive officer of the Authority must submit, in accordance with Part 7 of the Financial Management Act 1994, the financial statements for the superseded Authority for the 2016/2017 financial year to the Auditor-General within 8 weeks after the end of that financial year.

54 Annual business plan

On the commencement day, a business plan prepared under section 46AZE of the Planning and Environment Act 1987 as it was in force immediately before the commencement day is taken to be the business plan prepared in respect of the Authority, and may be amended in accordance with this Act.

Pt 5 (Heading and ss 55–98) repealed by No. 11/2017 s. 98.

Pt 6 (Headings and ss 99–104) repealed by No. 11/2017 s. 104.

═══════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 7 December 2016

Legislative Council: 22 February 2017

The long title for the Bill for this Act was "A Bill for an Act to establish the Victorian Planning Authority, to amend the Planning and Environment Act 1987 to abolish the Growth Areas Authority, to make consequential and other amendments to other Acts and for other purposes."

The Victorian Planning Authority Act 2017 was assented to on 27 March 2017 and came into operation on 1 July 2017: Special Gazette (No. 150) 16 May 2017 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Victorian Planning Authority Act 2017 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Victorian Planning Authority Act 2017, No. 11/2017

Assent Date:	27.3.17
Commencement Date:	Ss 98, 104 on 1.7.17: Special Gazette (No. 150) 16.5.17 p. 1
Note:	S. 98 repealed Pt 5 (ss 55–98) on 1.12.18; s. 104 repealed Pt 6 (ss 99–104) on 1.12.18
Current State:	This information relates only to the provision/s amending the Victorian Planning Authority Act 2017

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017

Assent Date:	26.9.17
Commencement Date:	Ss 91, 92 on 1.12.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Victorian Planning Authority Act 2017

Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018

Assent Date:	29.5.18
Commencement Date:	Ss 28, 29 on 30.5.18: s. 2
Current State:	This information relates only to the provision/s amending the Victorian Planning Authority Act 2017

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 110) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Planning Authority Act 2017

Great Ocean Road and Environs Protection Act 2020, No. 19/2020

Assent Date:	23.6.20
Commencement Date:	Ss 110, 111 on 1.12.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victorian Planning Authority Act 2017

Suburban Rail Loop Act 2021, No. 43/2021

Assent Date:	19.10.21
Commencement Date:	S. 219(Sch. 1 item 13) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
Current State:	This information relates only to the provision/s amending the Victorian Planning Authority Act 2017

Building Legislation Amendment and Other Matters Act 2024, No. 43/2024

Assent Date:	12.11.24
Commencement Date:	S. 62 on 13.11.24: s. 2(1)
Current State:	This information relates only to the provision/s amending the Victorian Planning Authority Act 2017

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

1 Victorian Planning Authority Act 2017

Version No. 008

Victorian Planning Authority Act 2017

No. 11 of 2017

Version incorporating amendments as at
13 November 2024

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

Part 2—Victorian Planning Authority 6

Division 1—Establishment, functions and powers 6

4 Establishment 6

5 Official seal 6

6 Authority represents the Crown 6

7 Objects 7

8 Functions 7

9 Powers 8

10 Performance of functions and exercise of powers in accordance with planning and Government economic and social objectives 9

10A Obligations of Authority in relation to Yarra River land 10

10B Obligations of Authority in relation to declared areas 11

10C Obligations of Authority in relation to the Great Ocean Road region 12

Division 2—Board of the Victorian Planning Authority 12

11 Board of directors 12

12 Constitution of the board 13

13 Appointment of directors 13

14 Chairperson and deputy chairperson 14

15 Acting appointments 14

16 Vacancies, resignations, removal from office 16

17 Validity of acts or decisions 17

18 Proceedings of the board 17

19 Resolutions without meetings 18

20 Indemnity 19

Division 3—Chief executive officer and staff of the Authority 19

21 Appointment of chief executive officer 19

22 Appointment of acting chief executive officer 20

23 Employees and other staff 21

24 Consultants and contractors 21

Division 4—Conflicts of interest 22

Subdivision 1—Interpretation 22

25 Definitions 22

26 Meaning of general conflict of interest 23

27 Meaning of specific conflict of interest 23

28 Circumstances in which a person does not have a conflict of interest 24

Subdivision 2—Managing conflicts of interest 26

The Act organises around a few core legal concepts: corporate establishment and succession; objects and functions tied to planning objectives; ministerial direction; spatially-specific obligations; governance and internal controls; conflict management; information powers; and accountability documentation.

Corporate establishment and succession: s 4 makes the Authority a body corporate with conventional corporate capacities (s 4(2)(a)-(f)). Part 4 provides that the Authority succeeds the Growth Areas Authority; on commencement day the superseded Authority is abolished and all property, rights and liabilities transfer to the Authority (s 48). Transitional provisions also effect transfer of staff, members and the chief executive officer on existing terms (ss 50-52).

Objects, functions and powers: s 7 sets the primary object,providing advice and assistance in line with the objectives of planning in Victoria,and enumerates policy goals such as housing supply, infrastructure coordination and environmental quality (s 7(2)(a)-(f)). Section 8 lists functions: advising the Minister; advising Councils and public sector bodies subject to Ministerial approval (s 8(1)(a)-(b), (3)); and performing functions conferred by other enactments (s 8(1)(c)). Section 9 provides ancillary powers necessary to achieve objects and specifically authorises agreements, contracts or arrangements.

Ministerial direction and government objectives: s 10 requires the Authority to perform functions in accordance with planning objectives and “any economic and social objectives established from time to time by the State Government” (s 10(1)). The Authority is subject to the general direction and control of the Minister (s 10(4)) and must comply with written directions (s 36(1)-(3)). The Authority must also have regard to its current business plan when performing functions (s 10(3)).

Spatially-specific obligations: the Act imposes statutory constraints where other instruments address particular geographic areas. Section 10A requires the Authority not to act inconsistently with binding parts of a Yarra Strategic Plan and to have regard to Yarra protection principles; s 10B requires non‑inconsistency with binding parts of a Statement of Planning Policy for declared areas and regard to principles in s 46AZL of the Planning and Environment Act 1987; s 10C imposes similar duties for the Great Ocean Road region. These provisions also carve out exceptions for declared projects and Suburban Rail Loop projects in some circumstances (s 10A(2), s 10B(2), s 10C(2)).

Governance architecture: Division 2 creates a board of directors (s 11), prescribes composition and skills the Minister must have regard to on appointment (ss 12-13), enables acting appointments (s 15), and sets quorum and voting rules (s 18). The chief executive officer is appointed by the board with Ministerial approval and is the Authority’s chief manager (s 21). Delegations from the Authority to the CEO and employees are formalised (s 40), and the CEO may sub-delegate under conditions (s 40(2)-(3)).

Conflicts, disclosure, confidentiality and evidentiary rules: Division 4 defines general and specific conflicts (ss 26-27), lays out disclosure and participation prohibitions for board meetings and resolutions without meetings (ss 29-30), regulates delegates and advisors (ss 31-32), and prescribes penalties of 120 penalty units for certain breaches (ss 29(1)-(2), 30(1)-(2), 31(1)-(4), 32(1)). Section 41 forbids disclosure of confidential information, subject to limited exceptions, and s 42 authorises CEO-signed certificates admissible in evidence as prima facie proof of listed matters.

Accountability and procedural obligations: the Authority must prepare an annual business plan for Ministerial approval by specified dates with public availability requirements (s 44), must not significantly depart from its budget without Ministerial approval (s 45), must publish codes or processes required by the Public Administration Act to manage conflicts (s 43), and must include disclosures of directors’ conflicts in its report of operations (s 43(2)-(3)). The Authority also has a statutory duty to consult with affected Councils and relevant authorities where a matter will affect their functions (s 34), and to establish systems enabling cooperation with Councils and other public sector bodies (s 35).

Information powers and limits: s 33 gives the Authority express power to issue written notices requesting information or assistance from specified public entities, and requires compliance (s 33(1)-(2)). The Authority cannot request personal information other than name and address of land owners and cannot use personal information other than to notify or consult landholders; plus a Minister must approve requests in specified cases (ss 33(3)-(5)).

Together these concepts create an Authority designed to operate as a Ministerially accountable, expert planning advisory and coordinating body with statutory checks on conflicts, confidentiality, spatial obligations and interactions with Councils and public bodies. The Act ties the Authority into existing planning instruments and processes by reference to other statutes and by embedding the Authority in the machinery of government through Ministerial direction, business planning and reporting requirements.

The Act creates regulatory duties and opportunities for a defined set of public and private actors. Primary directly affected persons and bodies include:

The Authority itself: created as a body corporate (s 4). It receives the transferred functions, property and liabilities of the superseded Growth Areas Authority on commencement (s 48), and is accountable under the Financial Management Act via reporting obligations (s 44 and Part 4 transitional provisions ss 53-54).
Directors: the board (chair, deputy and 3-5 directors) is appointed by the Governor in Council on the Minister’s recommendation (ss 11-13). Directors are subject to conflict of interest rules (Division 4), must attend meetings, make disclosures, and face penalties for non-compliance (s 29). One director must have substantial local government experience (s 12(2)). Directors’ disclosure details must be summarised in the Authority’s report of operations (s 43(2)).
Chief executive officer: appointed by the board with Ministerial approval (s 21). The CEO manages day-to-day affairs, must ensure funds and staff are properly used (s 21(2)-(3)), is barred from board membership (s 21(7)), and has statutory powers such as issuing evidentiary certificates (s 42). Acting CEO appointments and remuneration rules are set out (s 22).
Employees, seconded staff and consultants: the Authority may employ staff, second staff from public sector bodies under agreements and engage consultants and contractors (ss 23-24). Seconded staff remain employees of their original public sector body but provide services to the Authority under arrangements (s 23(2)). Staff are subject to the Authority’s policies and may be covered by state superannuation arrangements where previously officers (s 52(4)).
Committees and committee members: the Authority may establish committees chaired by at least one director (s 38), and non‑public official committee members may be paid remuneration determined by the Minister (s 39).
Councils and other public sector bodies: the Authority must consult with Councils where a matter is likely to affect a Council’s functions as a planning authority or responsible authority (s 34(1)(a)). The Authority must establish systems to enable cooperation with Councils and other public sector bodies (s 35). Councils, planning authorities, responsible authorities, referral authorities and other public statutory authorities are primary recipients of written requests for information or assistance (s 33(1)).
Landowners and landholders: the Authority may request name and address of owners (s 33(3)) and may notify or consult landholders when using that information (s 33(4)). The Act limits personal information requests to name and address of owners (s 33(3)).
Users of planning regimes and project proponents: the Authority is an advisory and coordinating interface body (note under s 8) and must have regard to other agencies’ functions, including transport agencies (s 10(2)(c)). The Act contains exceptions for “declared projects” under the Major Transport Projects Facilitation Act 2009 and Suburban Rail Loop projects under the Suburban Rail Loop Act 2021 for some location-specific obligations (s 10A(2), s 10B(2), s 10C(2)).
The superseded Growth Areas Authority: on commencement it is abolished and its members and staff transition to the new Authority under the specified terms (Part 4, ss 48-54). Rights, liabilities and ongoing proceedings involving the superseded Authority transfer to the Authority (s 48(c)-(d)).
The Minister and Government agencies: the Minister retains power to give written directions to the Authority (s 36), approve the Authority’s business plan and requests for certain advice or assistance to Councils (s 8(3); s 44(1)-(2); s 33(5)). The Authority is required to further State economic and social objectives as well as planning objectives (s 10(1)(b)).

Indirectly affected commercial actors include developers, infrastructure providers and consultants who engage with the Authority through planning advice, seconded staff arrangements, contracts or as beneficiaries or sufferers from decisions, since the Act gives the Authority functions and powers relevant to land use and infrastructure planning (ss 7-9). The conflict of interest rules also cover bodies corporate where a director or domestic partner is a director, and include gift-based triggers where a person has received gifts of $500 or more in the prior five years from persons with a relevant interest (s 27(1)-(2)).

Finally, the Act affects the relationship between the planning system and special spatial protection instruments: owners and interested persons in the Yarra Strategic Plan area, declared areas and the Great Ocean Road region face an Authority that must not act inconsistently with binding parts of those instruments and must have regard to specified principles (ss 10A-10C). The Act therefore reconfigures who advises on strategic planning in these sensitive locations and how those instruments constrain the Authority.

The Act prescribes a combination of mandatory duties, permitted powers and rights for the Authority, its governing officers and external bodies.

Duties of the Authority and board

Primary object duty: provide advice and assistance in accordance with the objectives of planning in Victoria (s 7(1)). The board is responsible for determining general policies and strategic direction to achieve those objects and may exercise the Authority’s powers (s 11(2)).
Performance duties: perform functions in accordance with the objectives of planning and any State economic and social objectives (s 10(1)). Have regard to the functions of Councils and other planning entities (s 10(2)(a)-(c)).
Consultation duty: consult Councils where a matter is likely to affect their functions and consult other authorities where a matter is likely to significantly affect them; consultations must follow any Ministerial directions (s 34).
Cooperation systems duty: establish systems and procedures to enable cooperation with Councils, planning authorities, responsible authorities and other public sector bodies (s 35).
Business planning duty: submit a draft business plan by 31 May each year for Ministerial approval, amend as required, and make the final approved plan publicly available at principal offices and on the Internet (s 44(1)-(3)). The Authority must not significantly depart from the budget in its business plan without Ministerial approval (s 45).
Spatial duties: not act inconsistently with binding parts of the Yarra Strategic Plan, Statements of Planning Policy for declared areas, or an approved Great Ocean Road strategic framework plan in relation to the relevant areas; have regard to specified protection principles where required (ss 10A-10C).

Information rights and powers

Request power: the Authority may, by written notice, request specified public entities provide information or assistance and the entities must comply (s 33(1)-(2)). Limitations: only name and address of land owners may be requested as personal information (s 33(3)), and personal information may only be used to notify or consult landholders (s 33(4)). The Authority must not make a request under s 33(1) unless the Minister has approved the request in a specified case or class of cases (s 33(5)).

Delegations, employment and contracting

Delegation power: the Authority may delegate functions, duties or powers to the CEO, employees or seconded staff (s 40(1)). The CEO may sub-delegate to employees and seconded staff if authorised (s 40(2)-(3)).
Employment and secondment rights: the Authority may employ staff and enter arrangements for use of public sector staff (s 23). Consultants and contractors may be engaged (s 24).

Director and officer duties and prohibitions

Conflict disclosures and non-participation: directors and other relevant persons must disclose specific and general conflicts of interest and must not participate in consideration or voting (s 29(1)-(3); s 30; s 31). The Act defines general and specific conflicts (ss 26-27) and sets out detailed disclosure channels (s 31(5)).
Confidentiality obligations: relevant persons and certain former officials must not disclose confidential information, subject to legal exceptions; breaches carry a penalty (s 41(1)-(2)).
CEO and board limits: the CEO must satisfy the board about proper management of funds and staff (s 21(3)). The CEO may not be a director (s 21(7)). Section 20 prohibits the Authority from indemnifying directors for wilful breaches of duty or breach of trust.

Enforcement and accountability rights

Ministerial direction and oversight: the Minister may give written directions and the Authority must comply; directions must be published in the Authority’s report of operations (s 36(1)-(4)).
Reporting and publication: the Authority must publish codes and policies required under the Public Administration Act to manage conflicts (s 43(1)), disclose director conflict summaries in its report (s 43(2)), and ensure business plans are publicly available (s 44(3)).
Evidentiary certificates: the CEO may issue certificates which are admissible in evidence and, absent contrary evidence, are proof of listed matters (s 42(1)-(2)). This creates an administrative evidentiary right for the Authority in proceedings.

Rights of other public entities and persons

Compelled compliance: specified public bodies must comply with s 33 requests for assistance or information (s 33(2)); however, s 33(5) requires Ministerial approval for requests in specified cases.
Transitional employment continuity: persons employed by the superseded Authority immediately prior to commencement become employees of the new Authority on the same terms and with continuity of service (s 52(1)-(2)). The superseded Authority’s rights and liabilities are transferred to the Authority (s 48).

Penalties and procedural consequences

The Act attaches fines for conflict disclosure and participation failures and for confidentiality breaches (Division 4 and s 41), expressed as 120 penalty units (explicitly in ss 29(1)-(2), 30(1)-(2), 31(1)-(4), 32(1) and s 41(1)). Further procedural consequences include disallowance of votes where a director with a conflict votes or purports to vote (s 29(4)).

Rights to be appointed and reappointed are set out for directors and the CEO (ss 13(3), 13(4), 21(4), 21(6)). The Act also preserves employees’ superannuation status where they were previously officers under the State Superannuation Act (s 52(4)).

These duties and rights create a governance balance: the Authority has broad operational and contracting powers to pursue strategic planning aims, but must operate within layers of Ministerial oversight, statutory consultation duties, spatial instrument constraints and a robust conflict and confidentiality regime. The Act places particular emphasis on written plans, public reporting and the formal recording of disclosures and minutes to support transparency and administrative evidence.

The Act attaches financial penalties, procedural disallowances and administrative enforcement mechanisms primarily in the context of conflicts of interest, confidentiality and procedural compliance. It also establishes Ministerial control and reporting requirements which operate as supervisory enforcement mechanisms.

Monetary penalties

Division 4 prescribes monetary penalties of 120 penalty units for contraventions of several conflict-related obligations. Specific penalty provisions include:
- s 29(1) , failure by a director attending a meeting to disclose a specific or general conflict of interest before the matter is considered: penalty 120 penalty units.
- s 29(2) , a director who has disclosed a conflict must not take further part in consideration or vote: penalty 120 penalty units (this captures participation and voting prohibitions).
- s 30(1) , failure to disclose in writing to the CEO a conflict in a matter to be decided by resolution without a meeting: penalty 120 penalty units.
- s 30(2) , a director with such a disclosed conflict must not sign a document expressing support for the resolution: penalty 120 penalty units.
- s 31(1)-(4) , persons with delegated functions or authorised to act for the Authority must not perform duties or act if they have a conflict, and must disclose in prescribed ways: penalties 120 penalty units for non-compliance.
- s 32(1) , advisers providing reports or advice who have conflicts must disclose before the advice is considered: penalty 120 penalty units.

Confidentiality penalty

Section 41(1) creates an offence for a relevant person or certain former officers who disclose information that they know, or should reasonably know, is confidential information, with an express penalty of 120 penalty units. Section 41(2) lists exceptions where disclosure is permitted (legal proceedings, court orders, law enforcement, or otherwise required by law).

Procedural and administrative enforcement mechanisms

Disallowance of votes: s 29(4) requires that if a director with a conflict votes or purports to vote on a matter, that vote must be disallowed. The chair must record required particulars in the minutes where a conflict is disclosed (s 29(5)), supporting administrative auditability.
Reporting duties: the CEO must keep a record of conflicts disclosed to the CEO (s 31(7)). The board must ensure minutes are accurate and record conflicts and voting (s 18(4); s 29(5)). The Authority must include descriptions of directors’ conflict disclosures in its report of operations (s 43(2)), which creates reputational and public accountability pressure.
Ministerial directions are binding: s 36(1)-(3) gives the Minister power to give written directions which the Authority must comply with; the Authority must publish such directions in its report of operations (s 36(4)). Non-compliance with directions raises administrative review and potential removal of directors or CEO (ss 16(3)-(4); 21(6)).
Board removal and vacancies: s 16 allows removal of directors by the Governor in Council on the Minister’s recommendation for misconduct, neglect of duty, inability to perform duties or other grounds. The Minister must recommend removal if a director is found guilty of an offence (other than indictable offences) relating to the director’s duties (s 16(4)). Directors’ offices also vacate on absence without board approval for three consecutive meetings, insolvency, or conviction for indictable offences (s 16(1)).
Time limits for summary proceedings: the Act adds a limitation period for summary offences under Division 4,proceedings may be commenced within three years after the alleged offence date (s 46AA). This prescribes a prosecution window for the specified summary offences.
Evidentiary mechanisms: s 42 authorises the CEO to issue certificates which are admissible in evidence and, absent contrary evidence, are proof of the matters stated. This provision expedites administrative proof in proceedings and reduces evidentiary friction for the Authority when enforcing its administrative record.

Indirect enforcement via statutory constraints

Ministerial oversight: the requirement for Ministerial approval for the Authority to give advice to Councils or to make certain information requests (s 8(3); s 33(5)), combined with the business plan approval and budget departure controls (ss 44-45), provides continuing leverage and control over the Authority’s operations.
Public reporting and disclosure: the combination of published conflict-management policies (s 43(1)), annual report disclosure of conflicts (s 43(2)), and public availability of the business plan (s 44(3)) creates transparency channels that can trigger external scrutiny and political consequences.

Limits on immunities

Section 20 explicitly prohibits the Authority from indemnifying a director against liability for wilful breach of duty or breach of trust, including by paying insurance premiums, thereby removing an avenue of contractual indemnity for certain serious misbehaviour.

Mechanisms for compliance and redress

The Act does not create a central standalone enforcement agency; enforcement is carried out via criminal/sanction provisions (penalty units), administrative removal powers (s 16), Ministerial directions (s 36), and civil or administrative proceedings where the Authority’s records (including CEO certificates under s 42) can be used as evidence. The authority to compel cooperation from specified public bodies (s 33(2)) is backed by the statutory obligation itself, albeit subject to Ministerial approval in specified cases (s 33(5)).

Overall, the enforcement architecture is a mix of monetary penalties, administrative disallowances and recording obligations, Ministerial supervisory powers and public transparency obligations. The statutory penalty quantum is uniform for the conflict, disclosure and confidentiality offences (120 penalty units), while procedural controls and ministerial levers provide additional compliance pressure.

The Act is heavily cross-referenced and designed to sit within Victoria’s existing planning and public administration legislative architecture. The text expressly ties the Authority’s duties, powers and obligations to multiple other statutes and instruments. Key intersections include:

Planning and Environment Act 1987

The Authority’s primary object and functions are to operate in accordance with the objectives of planning in Victoria, which the Act defines as the objectives in s 4(1) of the Planning and Environment Act 1987 (definition in s 3(1)). The Authority also has functions and powers under the Planning and Environment Act 1987 (note to s 9). The Act expressly references Part 9B matters from the Planning and Environment Act in s 42(2)(h)-(k) about evidentiary matters and contributions areas, indicating administrative continuity with that Act’s regimes.

Public Administration Act 2004

Section 3 defines Department, public sector body and public service body consistently with the Public Administration Act 2004. The Act requires the Authority to publish codes, policies or processes put in place under s 81 of the Public Administration Act to manage conflicts and duties of directors (s 43(1)). The note to s 29 references Part 5 of the Public Administration Act as also relevant to conflicts.

Transport Integration Act 2010

The Authority is an “interface body” within the meaning of the Transport Integration Act 2010 (note under s 8). Section 10(2)(c) requires the Authority to have regard to the functions of public sector bodies including those responsible for planning and delivery of infrastructure, with an example specifically referencing agencies under the Transport Integration Act.

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017

The Act imports concepts and binding instruments from the Yarra River Protection Act. Definitions of Yarra protection principles, Yarra River land, Yarra Strategic Plan and Yarra Strategic Plan area are included in s 3(1) as having the same meaning as in the Yarra River Protection Act. Section 10A requires the Authority not to act inconsistently with parts of the Yarra Strategic Plan that are expressed to be binding on the Authority, and to have regard to Yarra protection principles for other parts. Section 10A(2) lists carve-outs for declared projects and Suburban Rail Loop projects.

Great Ocean Road and Environs Protection Act 2020

New definitions and obligations concerning the Great Ocean Road were inserted: the Act defines approved Great Ocean Road strategic framework plan, Great Ocean Road coast and parks, protection principles, region and scenic landscapes area (s 3(1) definitions). Section 10C requires non-inconsistency with binding parts of approved strategic framework plans for the Great Ocean Road scenic landscapes area and regard to protection principles for the coast and parks, with an exception for declared projects under the Major Transport Projects Facilitation Act 2009.

Suburban Rail Loop Act 2021 and Major Transport Projects Facilitation Act 2009

Sections 10A(2) and 10B(2) and 10C(2) carve out exceptions where the Authority’s spatial duties to adhere to Yarra or Statement of Planning Policy provisions do not apply in relation to declared projects under the Major Transport Projects Facilitation Act 2009 or Suburban Rail Loop projects as defined by the Suburban Rail Loop Act 2021. The result is an express legislative hierarchy or carve-out for major transport projects in specified circumstances.

Local Government Act 2020

The definition of Council is aligned with the Local Government Act 2020 (s 3(1)). The Authority’s duties to consult and cooperate with Councils and to have regard to Councils’ functions as planning authorities or responsible authorities (s 34; s 10(2)(a)-(b)) intersect with the local government planning role set out in that Act and the Planning and Environment Act 1987.

Financial Management Act 1994

The Authority’s reporting, business plan and financial projections are linked to the requirements of the Financial Management Act 1994: s 44 requires submission of business plans and s 53 requires reporting and financial statements of the superseded Authority to be prepared in accordance with Part 7 of the Financial Management Act 1994.

Public sector employment and superannuation law

Section 23(2) authorises secondments and s 52(4) preserves superannuation officer status under the State Superannuation Act 1988 for transferred employees who were previously officers, which affects entitlements and contributions.

Interpretation of Legislation Act 1984

The printed version incorporates Interpretation of Legislation Act style changes and section numbering conventions (endnotes). Section 42 references sections of the Planning and Environment Act 1987 as they stood, and the interpretation rules noted in the endnotes apply to headings, examples and punctuation for interpretation.

Evidence law (administrative evidence)

Section 42 confers statutory admissibility and presumptive proof to CEO certificates stating matters such as board determinations, recorded minutes, delegations, status of persons (directors, CEO, committee members), and documents issued by the Authority. This interacts with court procedures and evidence rules by creating administrative prima facie proof.

Planning instruments and statements

The Authority must not act inconsistently with binding parts of Statements of Planning Policy for declared areas (s 10B(1)(a)) and must have regard to other parts (s 10B(1)(b)). This ties the Authority into the planning instrument framework and establishes where policy instruments constrain the Authority’s exercise of functions.

Overall, the Act situates the Authority within the planning, transport and environmental protection statute book. It gives the Authority roles that must be exercised in a way that respects other statutory instruments, while also recognising special carve-outs (e.g., major transport projects) and embedding Ministerial control. These cross-references determine practical constraints on the Authority’s decision-making and the boundaries of operational discretion.

The Act’s published version incorporates several amendments made since enactment. The endnotes and the Table of Amendments in the source set out chronological changes and commencement dates. Key amendment milestones recorded in the source are:

Enactment and commencement: The Victorian Planning Authority Act 2017 was assented to on 27 March 2017 and commenced on 1 July 2017 (Special Gazette 16 May 2017 page 1). The long title and initial structure are recorded in the endnotes.
Repeals of Parts 5 and 6: Section 98 repealed Part 5 (ss 55-98) and section 104 repealed Part 6 (ss 99-104) effective 1 December 2018 (Table of Amendments, entry for No. 11/2017). The endnote table notes those repeals took effect on that date.
Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 (No. 49/2017): Sections 91 and 92 of that Act, commencing on 1 December 2017, inserted definitions and obligations relating to the Yarra Strategic Plan, Yarra protection principles and Yarra River land into this Act and added s 10A (Obligations of Authority in relation to Yarra River land), as reflected in the source (Table of Amendments entries for No. 49/2017, ss 91-92; commencement 1.12.17).
Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018 (No. 17/2018): Sections 28 and 29, commencing 30 May 2018, inserted the defined term “declared area” and the Authority’s obligations in relation to declared areas (s 10B) (Table entry: No. 17/2018, ss 28-29; commencement 30.5.18).
Local Government Act 2020 (No. 9/2020): Section 390 (Schedule 1 item 110) amended the definition of Council to align with the Local Government Act 2020, with commencement on 6 April 2020 (Table entry: No. 9/2020, s 390(Sch. 1 item 110); commencement 6.4.20).
Great Ocean Road and Environs Protection Act 2020 (No. 19/2020): Sections 110 and 111, commencing on 1 December 2020, added definitions of approved Great Ocean Road strategic framework plan and related concepts and inserted s 10C (Obligations of Authority in relation to the Great Ocean Road region) (Table entry: No. 19/2020, ss 110-111; commencement 1.12.20).
Suburban Rail Loop Act 2021 (No. 43/2021): Section 219 (Schedule 1 item 13) commenced on 1 December 2021 and introduced carve-outs for Suburban Rail Loop projects in the Yarra and declared area obligations (ss 10A(2) and 10B(2) substituted by No. 43/2021 s 219). The Table records s 219(Sch. 1 item 13); commencement 1.12.21.
Building Legislation Amendment and Other Matters Act 2024 (No. 43/2024): Section 62 commenced on 13 November 2024; the Table indicates s 62 was inserted on 13.11.24 (Table entry: No. 43/2024, s 62; commencement 13.11.24). The source records an insertion of s 46AA (Proceedings), which provides a three-year limitation for commencing summary offence proceedings under Division 4.
Other interpretative and style changes: The source notes that Interpretation of Legislation Act 1984 style changes apply and that headings, notes and examples form part of the Act in accordance with that Act (endnotes).

Transitional provisions (Part 4) took effect on the commencement day specified in the Act, arranging transfers of staff, members and ongoing obligations from the superseded Growth Areas Authority (ss 48-54). The Table of Amendments explicitly lists the Acts that amended the Victorian Planning Authority Act 2017 and the specific sections amended, with commencement dates. The amendments progressively incorporated spatial protection frameworks (Yarra, Great Ocean Road), introduced exceptions for major transport projects and the Suburban Rail Loop, aligned definitions with the Local Government Act 2020 and added a limitation on summary offence proceedings.

For compliance and research, the Act’s endnotes serve as the authoritative amendment log in the source. Practitioners should note which obligations are the product of later amendments (for example, ss 10A-10C are post-enactment insertions aligning the Authority with specific regional protection instruments) and verify current commencement dates for those provisions where relevant.

The Act text and the accompanying endnotes do not identify any judicial decisions, tribunal determinations or litigation arising under the Victorian Planning Authority Act 2017. The source contains no case names or summaries. Consequently, there is no litigation history recorded within the provided text to cite as precedent, nor is there discussion of arbitral decisions.

That absence of named cases in the source material has several operational implications for practitioners relying only on this instrument:

Evidential mechanisms in the Act: section 42 gives statutory admissibility and presumptive proof to chief executive officer certificates on specified matters (s 42(1)-(2)). In the absence of reported litigation in the source, the practical judicial treatment of those certificates (for example, how courts receive them in contested proceedings) is not available in the Act text and would require checking court decisions outside this source.
Conflict and confidentiality offences: the Act creates summary offences and prescribes penalties (Division 4 and s 41). Section 46AA, inserted by later amendment, prescribes a three-year limitation for commencing summary proceedings related to Division 4 (s 46AA). The Act itself does not record prosecutions or case law interpreting those provisions; practitioners must therefore be alert that prosecutorial practice, evidentiary standards and sentencing outcomes are not recorded in this text.
Administrative review and ministerial powers: removal of directors, Ministerial directions (s 36) and compliance obligations create potential administrative disputes. The Act does not record any judicially determined limits on the Minister’s direction power or judicial review outcomes in the source provided.
Interplay with other statutes: the Act references numerous other statutes (Planning and Environment Act 1987, Yarra River Protection Act 2017, Great Ocean Road and Environs Protection Act 2020, Suburban Rail Loop Act 2021, Major Transport Projects Facilitation Act 2009, Public Administration Act 2004, Financial Management Act 1994, Local Government Act 2020). The source contains no litigation examples resolving conflicts or hierarchies among these instruments where they intersect with the Authority’s functions.

Given this absence of recorded litigation in the source, practitioners should, as a next step outside this text, seek reported decisions, tribunal determinations and any administrative reviews that apply these provisions in practice. Relevant areas to check would include judicial review of Ministerial directions, interpretation of the spatial non-inconsistency obligations (ss 10A-10C), enforcement of the conflict of interest and confidentiality penalties, and the evidentiary weight of CEO certificates under s 42 in contested proceedings. The Act’s own procedural and evidentiary provisions,minutes requirements (s 18(4)), conflict disclosure recording duties (ss 29(5), 30(3), 31(7)), and CEO certificates (s 42),are designed to generate administrative records that would be used in litigation, but the source contains no litigation history to illustrate how courts have treated those records.

In sum, the source provides statutory architecture for enforcement and evidence but does not record judiciary or tribunal engagement with those provisions. Practitioners should not assume the Act’s procedural presumptions have been tested by courts based on the text alone and should check subsequent case law.

The Act contains several drafting features and practical traps that merit attention for compliance, delegation and operational planning. These are concrete points where routine practice could run afoul of statutory obligations or where the Act creates unexpected constraints.

Ministerial approval gates

The Authority cannot give advice or assistance to Councils and public sector bodies unless the Minister or an authorised person has approved the giving of advice in a specified case or class of cases (s 8(3)). This is not merely a formality: practitioners must obtain explicit Ministerial approval before assuming the Authority can assist Councils in any given matter.
Section 33(5) requires Ministerial approval for the Authority to make requests for information or assistance under s 33(1) in specified cases or classes of cases. The Authority’s power to compel public bodies is therefore circumscribed by a Ministerial consent gate which must be documented.

Spatial non‑inconsistency obligations with carve-outs

The Authority “must not act inconsistently” with parts of Yarra Strategic Plan or approved Great Ocean Road strategic framework plans that are expressed to be binding (ss 10A(1)(a), 10C(1)(a)), and must not act inconsistently with parts of a Statement of Planning Policy that are binding for declared areas (s 10B(1)(a)). However, those obligations do not apply to declared projects under the Major Transport Projects Facilitation Act 2009 and Suburban Rail Loop projects (s 10A(2), s 10B(2), s 10C(2)). Practitioners must identify whether a matter falls within a declared project carve-out before applying the non-inconsistency rules.

Conflict rules with substantial penalties and narrow gift thresholds

The Act defines specific conflict of interest to include gifts totaling $500 or more received from a person who would gain or suffer depending on the matter within the prior five years (s 27(2)-(3)). The threshold is relatively low and may catch hospitality, small gifts or common professional gifts. Failure to disclose conflicts and to refrain from participation carries a uniform penalty of 120 penalty units in numerous provisions (ss 29(1)-(2), 30(1)-(2), 31(1)-(4), 32(1)). Directors, delegates and advisers need rigorous gift registers and procedures to avoid accidental breaches.

Disclosure mechanics and minute requirements

The Act requires that where a director discloses a conflict the chair must ensure the minutes record the director’s name, the nature of the conflict as described, and which directors voted on the matter (s 29(5)). For conflicts disclosed under s 31(5) (delegates), the chair must also ensure the minutes record particulars (s 29(6)). Practically, failure to record these particulars can impede both internal compliance and the Authority’s ability to rely on s 42 certificates as evidence (s 42(2)(c), (e)).

CEO certificate admissibility with reverse onus effect

Section 42 makes CEO-signed certificates admissible and, absent contrary proof, proof of several administrative facts. This creates convenience but also a risk: administrative reliance on these certificates requires accurate record-keeping (minutes, delegations, disclosure records), because the certificate is prima facie proof of the matter stated unless contrary evidence is produced. Inaccurate internal records therefore create potential legal risk.

Confidential information scope and exceptions

Section 41 defines confidential information to include information determined confidential by board resolution or designated in writing by the CEO (s 41(4)). The CEO’s designation power is broad and may, if used liberally, curtail public disclosure unexpectedly. The confidentiality offence (s 41(1)) carries a penalty (120 penalty units), but s 41(2) lists exceptions including legal proceedings, court orders and law enforcement. Practitioners must adopt clear policies on what is designated confidential and ensure lawful disclosure processes are in place.

Limitations on indemnities and insurance

Section 20 removes the Authority’s power to indemnify or insure directors against liabilities for wilful breaches of duty or breach of trust. This restricts contractual risk-transfer options for directors in a narrow but significant way and should inform director indemnity discussions.

Delegation pitfalls

Delegations must be by instrument (s 40(1)); the CEO may sub-delegate only if the instrument authorises sub-delegation (s 40(2)). A delegation or sub-delegation that lacks proper form or authority risks contravening s 40 and may trigger s 31 constraints if a delegate with a conflict acts improperly. Ensure formal written delegations authorise relevant sub-delegations.

Business plan timing and budget constraints

The Authority must submit a draft business plan by 31 May each year (s 44(1)), obtain approval, and must not depart significantly from its budget without Ministerial approval (s 45). Failure to obtain timely Ministerial approval can impair operations and lead to non‑compliance with s 10(3) requirement to have regard to the current business plan. Practically, business plans must be drafted early and anticipate Ministerial requests for amendment.

Record retention and reporting of conflict disclosures

The CEO must keep a record of conflicts disclosed under s 31(7). Additionally, the Authority must include descriptions of each disclosure by a director in its annual report (s 43(2)), while omitting private details (s 43(3)). Failure to maintain these records will frustrate compliance reporting.

Inter-agency requests and limits on personal information

Section 33(3) limits personal information requests to name and address of land owners and s 33(4) restricts the use of that personal information to notification or consultation purposes. Requests for other personal data will contravene s 33(3) and expose the Authority to compliance queries.

Transitional employment continuity and entitlements

Section 52 ensures continuity of terms and entitlements for staff transferred from the superseded Authority, and preserves superannuation officer status where applicable (s 52(4)), but employees can still resign or be dismissed under the terms of their employment (s 52(3)). Employers must manage transfer entitlements carefully.

Three-year limitation for summary offences

Section 46AA limits commencement of proceedings for Division 4 summary offences to within three years after the alleged offence. This imposes a time window for enforcement action and should be tracked by compliance teams.

In aggregate, these “gotchas” show the Act couples significant statutory obligations and penalties with ministerial approval gates and evidential presumptions that put a premium on meticulous record-keeping, transparent minute-taking, robust conflict and gifts registers, careful use of confidentiality designations, and formal instruments of delegation.

Compliance under the Act requires three general practices: robust governance documentation, clear procedures for conflicts and confidentiality, and structured engagement with Ministerial and inter-governmental approval processes. Below are concrete, source-grounded steps mapped to specific provisions.

Governance structures and records

Establish and maintain formal board procedures consistent with ss 18-19. Ensure accurate minutes are kept for every board and committee meeting (s 18(4)) that record attendance, the presiding officer, motions and votes, and explicit entries for any conflicts disclosed (s 29(5)). For resolutions without meetings (s 19), document circulation and signatory dates and promptly advise all directors and circulate copies (s 19(2)).
Keep a formal instrumented delegation register recording each delegation and any authority to sub-delegate as required by s 40(1)-(3); store these instruments securely and make them accessible to relevant staff for operational clarity. Section 42(2)(f) and (g) expect such records to exist and be certifiable.

Conflicts of interest management

Publish and operationalise a conflicts of interest policy consistent with the Public Administration Act s 81 and the disclosure and participation rules in Division 4. Ensure the policy addresses definitions of family members, specific and general conflicts (ss 25-27), the gifts threshold ($500) and the five-year lookback for gifts (s 27(2)-(3)).
Maintain a conflicts register and recording process. The CEO must keep a record of conflicts disclosed to the CEO (s 31(7)). Require immediate written disclosures per s 31(5) for delegates and advisers, and verbal disclosures at meetings for directors with subsequent minute entries per s 29(5).
Implement mandatory leave-the-room procedures during consideration of conflicted matters and ensure the chair enforces non-participation and disallowance of votes where applicable (s 29(2)-(4)). Train directors and staff on the 120-penalty-unit sanctions for non-compliance.

Confidentiality handling

Define “confidential information” consistently with s 41(4) and adopt procedures for board resolutions or CEO written designations to be recorded when marking information confidential. Provide legal review channels for disclosures permitted under s 41(2) (legal proceedings, court orders, law enforcement or statutory requirements).
Create a clearance workflow for staff and seconded personnel handling confidential material specifying permissible uses and record retention.

Business planning and Ministerial engagement

Prepare the draft business plan on an annual cycle to meet the 31 May submission deadline (s 44(1)). Anticipate Ministerial requests for amendments and maintain version control for the draft and final plans. Ensure the final plan is submitted by the Minister’s required date and published at the principal place of business and online (s 44(2)-(3)).
Do not depart significantly from the budget in the current business plan without written Ministerial approval (s 45). Implement internal budget change approvals that incorporate required Ministerial sign-off procedures.

Ministerial approvals and statutory gates

For advice to Councils and public sector bodies, obtain written Ministerial approval or authorisation in the specified case or class before providing assistance (s 8(3)). Similarly, seek Ministerial approval where required before issuing requests for information under s 33(1) in specified cases (s 33(5)).
Maintain contemporaneous records of Ministerial directions (s 36), ensure compliance with any written direction (s 36(3)), and publish such directions in the report of operations (s 36(4)).

Information requests and data handling

When making s 33 requests for information from Councils or public bodies, restrict personal information requests to name and address of land owners (s 33(3)) and limit use of that information to notifying or consulting landholders (s 33(4)). Build a template s 33 request form that captures the Minister’s approval where needed and specifies permitted personal data use.

Delegations, secondments and contracting

Ensure all delegations under s 40 are in writing and specify sub-delegation authorisation where intended. For seconded staff, keep formal agreements per s 23(2) detailing responsibilities and entitlements. For consultants and contractors (s 24), draft engagement terms that reflect conflict of interest obligations and confidentiality restrictions in Division 4 and s 41.

Evidence and document controls

Maintain minute books and certified document repositories to support s 42 CEO certificates. Ensure minutes record the matters the CEO may have to certify under s 42(2) (decisions, delegations, disclosure events, status of persons, documents) and provide audit trails to rebut potential contrary evidence.

Training, induction and culture

Provide induction for directors, the CEO and staff on statutory duties including the definitions of general and specific conflicts (ss 26-27), the gifts threshold, confidentiality offences (s 41), and the consequences of non‑compliance (120 penalty units). Hold periodic refreshers and maintain accessible guidance materials.

Transitional and employment compliance

For transferred staff and members from the superseded Authority, confirm continuity of terms and accrued entitlements per s 52(1)-(2) and ensure alignment with superannuation status where relevant (s 52(4)). Manage resignations and dismissals in accordance with existing employment terms (s 52(3)).

Publication and reporting

Publish codes of conduct, conflict policies and processes required under s 43(1) and include summarized conflict disclosures in the annual report for the Financial Management Act reporting cycle (s 43(2)). Ensure descriptions omit sensitive personal details prohibited by s 43(3).

Monitoring enforcement windows

Keep compliance logs to identify disclosure obligations and potential breaches promptly, noting the three-year limitation for commencing summary proceedings under s 46AA where relevant, to coordinate internal investigations and potential remedial steps.

Operational checklist summary (mapped to sections):

Draft and submit business plan annually (s 44).
Maintain conflicts register and ensure disclosures at meetings and in writing (ss 29-31).
Ensure Ministerial approvals where required for advice and information requests (ss 8(3), 33(5)).
Record minutes with conflict details and voting records (s 29(5); s 18(4)).
Use CEO certificates carefully and maintain the underlying records (s 42).
Treat Yarra, declared areas and Great Ocean Road obligations as binding constraints in applicable matters (ss 10A-10C).
Enforce confidentiality designations and legal disclosure routes (s 41).

Following these concrete steps,documented delegations, thorough minute and records practices, published conflict-management policies and strict Ministerial approval workflows,implements the Act’s compliance requirements and reduces exposure to the Act’s specified penalties.

Victorian Planning Authority Act 2017

Plain English Summary

Deep Dive

What it does

Current sections

Victorian Planning Authority Act 2017

Source text: opening excerpt

1 Victorian Planning Authority Act 2017

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply