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| Planning and Environment Act 1987 | |
|---|---|
| Short title | Planning and Environment Act 1987 |
| Legislature | Parliament of Victoria |
| Enacted by | Parliament of Victoria |
| Royal assent | 1987 |
| Status | Current |
Planning and Environment Act 1987 is an Australian statute enacted by the Parliament of Victoria to regulate land use, development assessment and environmental planning across the state of Victoria (Australia). The Act establishes a statutory framework for planning schemes, permits, strategic land-use planning and administrative review, interacting with institutions such as the Victorian Civil and Administrative Tribunal, Minister for Planning (Victoria), and local City of Melbourne and regional councils. It has guided development outcomes for metropolitan and rural areas including Melbourne, Geelong, Ballarat, and Bendigo since the late 1980s.
The Act was developed amid reform movements influenced by precedents from the United Kingdom planning reforms, the Commonwealth of Australia's environmental policy debates and inquiries such as the Land Conservation Council (Victoria). Drafting drew on practice in jurisdictions like New South Wales, Queensland, and reformist ideas associated with figures from the Australian Labor Party and the Liberal Party of Australia in Victoria. The legislative process in the Parliament of Victoria incorporated submissions from local government authorities including Brimbank City Council, advocacy from organisations like the Victorian National Parks Association, and evidence from planning academics at the University of Melbourne and Monash University. Royal assent followed debates over provincial development pressures in regions such as the Gippsland and Yarra Ranges.
The Act sets out objectives that align with strategic planning for land use in areas including urban consolidation in Melbourne CBD, rural land management in Wimmera, and coastal protection in Mornington Peninsula. Objectives reference sustainable development priorities familiar from reports by agencies like the Environment Protection Authority Victoria and align with statutory goals pursued by the Minister for Planning (Victoria), the Victorian Planning Authority, and regional growth strategies for corridors such as the Craigieburn and Sunbury growth areas. Key principles reflect statutory planning concepts used by tribunals such as the Victorian Civil and Administrative Tribunal and planning panels like the Planning Panels Victoria.
The Act is organised into parts governing planning scheme preparation, amendment, implementation, permit processes, enforcement, acquisition and compensation, and review mechanisms involving the Victorian Civil and Administrative Tribunal and the Supreme Court of Victoria. It establishes roles for the Minister for Planning (Victoria), local councils such as Yarra City Council and statutory bodies including the Victorian Planning Authority and the former Victorian Urban Development Authority. Provisions regulate development contributions, public notice requirements affecting stakeholders like the Property Council of Australia, and environmental assessment interfaces with the Environment Protection Authority Victoria.
Under the Act, local planning schemes for municipalities such as Darebin City Council, Port Phillip and regional shires like Macedon Ranges Shire must be prepared and amended according to procedures used by planning authorities including the Victorian Planning Authority. The permit system covers residential projects in precincts like Docklands, industrial developments in precincts such as Hoppers Crossing, and heritage controls in precincts like Fitzroy and Ballarat Heritage Area. Applicants engage with bodies including the Victorian Building Authority and community groups including Heritage Victoria during notice, exhibition and hearing stages.
Enforcement mechanisms enable municipalities and statutory authorities such as VicRoads and the Environment Protection Authority Victoria to issue stop orders, infringement notices and pursue prosecutions in courts including the Magistrates' Court of Victoria and the Supreme Court of Victoria. Compliance and merits review pathways use the Victorian Civil and Administrative Tribunal and planning panels like Planning Panels Victoria for disputes over permits, enforcement orders and scheme amendments. Parties including developers represented by the Property Council of Australia and community objectors such as the Save the Dandenongs Campaign regularly appear in hearings.
Since 1987 the Act has been amended multiple times through instruments passed by the Parliament of Victoria to respond to pressures from growth corridors including Sunshine, infrastructure projects such as the West Gate Tunnel and policy shifts advocated by the Victorian Labor Party and Liberal Party of Australia (Victorian Division). Major reforms involved interaction with the Victorian Planning Authority, updates to environmental assessment procedures influenced by the Environment Protection Authority Victoria, and procedural changes affecting appeals to the Victorian Civil and Administrative Tribunal.
The Act shaped urban expansion in nodes like Casey and Whittlesea, influenced heritage outcomes in Ballarat and environmental protections in areas like Port Phillip Bay; critics include community organisations such as the Victorian National Parks Association and academic commentators at the University of Melbourne who argue that amendments have favored development lobby groups like the Property Council of Australia over conservation advocates. Debates in the Parliament of Victoria, submissions to planning reviews, and litigation in the Victorian Civil and Administrative Tribunal reflect ongoing tensions over housing supply, infrastructure delivery, and biodiversity outcomes in regions including Gippsland and Western Victoria.
Category:Victoria (Australia) legislation