The Planning and Environment A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 1987 (Vic) (‘PE Act’) provides a framework for integrating controls in land use, development planning and environment protection in Victoria. It provides planning controls, which overlap with related Statutory rules made by parliament or by bodies the parliament delegates power to, for example a local council or a registration authority. See delegated legislation; statute., such as the Environment Protection Act 1970 (Vic) (‘EP Act’), the Environment Effects Act 1978 (Vic) (‘EE Act’) and the Subdivision Act 1988 (Vic).
The objects of planning established by section 4 of the PE Act include:
- providing for the protection of natural and man-made resources and the Money paid to a person to financially support them. When a couple has separated both parents have a duty to support their children, and a court can order a parent to make regular payments to support the children. Maintenance for a spouse is now less common, and must be applied for within 12 months of a divorce. It is usually covered in a final settlement of all property. of ecological processes and genetic diversity;
- conserving and enhancing buildings, areas, or other places that are of scientific, aesthetic, architectural or historical interest or of other cultural value;
- balancing present and future interests of all Victorians; and
- ensuring that the environmental, social and economic effects are considered when decisions are made about use and development of land.
An overview of land-use planning law in Victoria
Planning schemes created under the PE Act are the main regulations that control the use and development of land in Victoria. These planning schemes apply to both private and public land in Victoria; there are some exceptions, which are discussed below.
Planning schemes are usually administered by local government. Local government has a dual role: it is a planning authority that is responsible for the administration and A change made to a legal document or Act of parliament. of planning schemes, and it is a The government department or agency that is named in an Act of parliament as the body with power to exercise authority in a particular situation, for example granting permits or conducting inspections. that is responsible for making decisions about applications for permits and enforcing planning schemes.
The Minister for Planning and the Victorian Government Department of Environment, Land, Water and Planning (DELWP) also play important roles in administering planning in Victoria. Other state government departments and agencies have responsibilities relating to decision-making under planning schemes – these are known as referral authorities.
The Victorian Civil and Administrative A body set up to hear and decide disputes, usually with less formality and less strict rules of evidence than in a court proceeding. (VCAT) deals with disputes about planning permits and the enforcement of planning schemes. Planning Panels Victoria considers issues in relation to the amendment of planning schemes.
Public consultation, notification, objection and The review of the decision of a lower court by a higher court. If an appeal is successful, the higher court can change the lower court’s decision. rights are an important feature of the PE Act and the administration of planning schemes. These rights vary depending on the operation of the PE Act and the applicable planning scheme.