New Victorian Planning and Environment Regulations 2015

13/05/2015 6:01 am

parliament-house-of-victoriaThe new Victorian Planning and Environment Regulations 2015 have been made by the Governor in Council and will come into operation on 16 May 2015:

The new Regulations are substantially the same as the version released for public consultation in March 2015. However, in response to feedback, the proposal to reduce the time a responsible authority has to require more information under section 54 of the Act, (in order to re-set the statutory clock) for a permit application that is not required to be referred, has not been included. The changes made following public consultation are shown in:

The department has announced that it will undertake further work in consultation with local government and other users of Victoria's planning system on key issues raised in submissions not addressed through the new Regulations. For example, options to improve the quality and completeness of permit applications, reducing delays in the permit application process and providing greater certainty for the time within which an application for review may be made to the Victorian Civil and Administrative Tribunal.

Three month transition period

The new Regulations include transitional provisions (regulation 68) to provide three months for planning and responsible authorities to make the necessary changes to their systems, in particular, updating the forms for notices, permits and certificates. The transition period will end on 15 August 2015.

During the three month transition period it will be deemed sufficient compliance with the new Regulations if a person or authority complies with the requirements of either the new Regulations or the Planning and Environment Regulations 2005 in relation to:

  • a notice given under the Act
  • an application made under the Act
  • a permit granted under the Act
  • a request made under the Act
  • a certificate of compliance issued under the Act
  • a statement lodged under section 110 of the Act
  • telling the Registrar of Titles of the amending or ending of an agreement under section 183 of the Act.

New forms for notices, permits and certificates

All forms in Schedule 1 of the new Regulations have been changed in some way. Three new forms have also been inserted for giving notice of a proposal and decision to amend or end an agreement made under section 173 of the Act.

Within the next three months responsible authorities will need to update their systems with the new forms. All users of Victoria's planning system are encouraged to review the new forms.