The purpose of the Planning and Environment Act 1987 is to establish a framework for planning the use, development and protection of land in Victoria.
The Act sets out procedures for preparing and amending the Victoria Planning Provisions and planning schemes. It also sets out the process for obtaining permits under schemes, settling disputes, enforcing compliance with planning schemes and permits, and other administrative procedures.
The main functions of the Act are to:
The Act is 'enabling' legislation. This means that it does not precisely define the scope of planning, how it should be done or the detailed rules that should apply to land use and development. These and other more detailed matters are dealt with by ‘subordinate’ instruments under the Act, meaning these instruments get their legal weight from the Act. These instruments include the Victoria Planning Provisions, planning schemes, regulations and Ministerial directions.
The Minister for Planning has overall responsibility for the Act and the planning system. The minister is both a planning and responsible authority for certain parts of Victoria – that is, responsible for preparing and administering planning schemes.
There are also parts of the Act that are administered by other Ministers, either separately or jointly with the Minister for Planning.
More about the role of the Minister
We manage the legislation for planning, environmental assessment, and land subdivision. We also provide planning policy and administrative support to the Minister for Planning.
Generally both planning authorities and responsible authorities, responsible for preparing and administering planning schemes.
Councils represent the interests of the communities within their municipalities.
Implements the initiatives of Plan Melbourne to deliver growth area planning, structure planning and infrastructure coordination in Melbourne's inner and outer suburbs as well as regional centres.
More about the Victorian Planning Authority
VCAT deals with disputes relating to planning permits and certain other planning decisions.
The Attorney-General is responsible for VCAT.
Manages the panels appointed to give independent advice to the Minister for Planning and councils on submissions to planning scheme amendments.
The Planning and Environment Act 1987 became the Act on 27 May 1987. It came into operation on 16 February 1988.
The Act replaced the Town and Country Planning Act 1961, which replaced the Town and Country Planning Act 1958.
View these Acts on the AUSTLII website.
Since the Planning and Environment Act 1987 was passed it has had numerous amendments.
The following table sets out some of the amending Acts that had a major impact on the Act.
| ACT NAME | ACT NUMBER | ACT PURPOSE |
|---|---|---|
| Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018 | 17/2018 | Provides for the declaration of distinctive areas and landscapes and the preparation and implementation of a Statement of Planning Policy in relation to each declared area to ensure coordinated decision-making by public entities. |
| Planning and Environment Amendment (Public Land Contributions) Act 2018 | 7/2018 | Introduces a land contribution model for the Infrastructure Contribution Plan (ICP) system. This model enables land for public purposes to be provided as part of an infrastructure contribution when land is developed and replaces the monetary public land component of the standard levy. It is proposed that it will come into effect in mid 2018. |
| Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Act 2017 | 49/2017 | Amends the Planning and Environment Act to facilitate affordable housing supply and modifies the requirement for determining certain applications to amend wind farm planning permits. |
| Planning and Environment Amendment (Infrastructure Contributions) Act 2015 | 35/2015 | To provide for a new system for levying and collecting contributions towards the provision of infrastructure and make related consequential amendments. |
| Planning and Environment Amendment (Recognising Objectors) Act 2015 | 30/2015 | To require responsible authorities and the Victorian Civil and Administrative Tribunal to have regard to the number of objectors in considering whether a permit application may have a significant social effect. |
| Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014 (Part 6) | 40/2014 | Among other things, the purpose of this Act is to impose a levy for the privilege of making certain planning permit applications. |
| Planning and Environment Amendment (General) Act 2013 | 3/2013 | Implements Government election commitments and introduces process improvements and red tape reductions, abolishes the Development Assessment Committees and establishes the Planning Application Committee. |
| Planning and Environment Amendment (Growth Areas Authority and Miscellaneous) Act 2013 | 21/2013 | Expands the role of the Growth Area Authority for the declaration of growth areas and the criminal liability of bodies corporate and clarifies responsibility for the ongoing administration and enforcement of permits issued under Division 6 of Part 4 of the Act. |
| Planning and Environment (VicSmart Planning Assessment) Act 2012 | 53/2012 | Introduces a streamlined assessment process for straightforward planning permit applications to be set up in planning schemes. |
| Planning and Environment Amendment (Schools) Act 2012 | 2/2012 | Introduced to exempt a school from paying a growth areas infrastructure contribution. |
| Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 | 31/2011 | Amended Part 9B to provide for work in kind agreements as a means of meeting a contribution payment. |
| Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010 | 23/2010 | Inserted new Part 9B into the Planning and Environment Act 1987 to provide for a growth areas infrastructure contribution for land in a designated contribution area. |
| Planning and Environment (Development Contributions) Act 2004 | 101/2004 | Improved the effectiveness and workability of the existing development contributions system that was introduced in 1995. |
| Planning and Environment (General Amendment) Act 2004 | 81/2004 | Required the authorisation of planning scheme amendments and enabled planning permits to be amended not just for minor amendments. It also introduced a process for the amendment of planning permits. |
| Planning and Environment (Metropolitan Green Wedge Protection) Act 2003 | 43/2003 | Provided for the protection of the metropolitan green wedges by the establishment of the Urban Growth Boundary. |
| Planning and Environment (Restrictive Covenants) Act 2000 | 100/2000 | Introduced amendments that improved the coordination of decision making on permit applications where the land is burdened by a restrictive covenant. |
| Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998 | 52/1998 | Amended the Act as a consequence of the Victorian Civil and Administrative Tribunal Act 1998. The amendments related to review of decisions and enforcement. |
| Planning and Environment (Planning Schemes) Act 1996 | 77/1996 | Reformed the structure of planning schemes. |
| Planning and Environment (Development Contributions) Act 1995 | 50/1995 | Inserted new Part 3B into the to provide a mechanism for the levying of development contributions. |
In conjunction with the Planning and Environment Act 1987, the Planning and Environment Regulations 2015 and the Planning and Environment (Fees) Regulations 2016 form the overall legal framework for the planning system in Victoria.
The Planning and Environment Regulations 2015 prescribe the requirements for the operation of the Planning and Environment Act 1987. This includes:
More information about the Planning and Environment (Fees) Regulations.
The Subdivision Act 1988 sets out the procedures for the subdivision and consolidation of land and the creation and removal of easements or restrictions over land. It also regulates the management of common property and the operation of bodies corporate.
It provides the legal framework for the subdivision and consolidation of land, easements and restrictions, common property, and creation of owners corporations.
The purpose of the Subdivision Act 1988 is to set out the procedure for the subdivision and consolidation of land, including buildings and airspace, and for the creation, variation or removal of easements or restrictions.
It also regulates the management of common property and the constitution and operation of owners corporations.
The main parts of the Act that the Minister for Planning is responsible for include:
Carries out the functions of the local council if land is not in a municipal district.
Administers the Act except for Part 5 (which deals with owners corporations and section 43 (as it relates to Part 5) which are administered by Minister for Consumer Affairs, Gaming and Liquor Regulation.
Responsible for referring plans of subdivision to referral authorities, certifying plans and issuing statements of compliance. Also carry out other related responsibilities.
Usually water, power and gas authorities that may be given a plan of subdivision by a council.
Must inform the council that it either consents to the plan, requires specified alterations, or refuses consent.
The planning scheme sets out details of referral authorities.
Provides subdivision policy and legislation advice and support to the Minister for Planning.
Deals with disputes relating to certification applications and other matters. The Attorney-General is responsible for VCAT.
In conjunction with the Subdivision Act 1988, the regulations listed below set out matters such as procedures and fees that are necessary for the Act to operate.
The Subdivision (Procedures) Regulations 2021 regulate the process for plan of subdivision certification and associated matters.
The part of the subdivision process that relates to the registration of the plans of subdivision by the Registrar of Titles is provided for under the Subdivision (Registrar's Requirements) Regulations 2021.
The Subdivision regulations include provisions that:
The main purposes of this Act are to:
The primary purpose of this Act is to require the environmental effects of certain types of works to be assessed prior to commencement.
The main purposes of this Act are to:
The primary purpose of this Act is to establish a legislative framework for the operation of local government in Victoria.
The primary purpose of this Act is to establish the legal framework for the development of subordinate legislation, including the provision of public participation in the process.
The purpose of this Act is to establish a Victorian Civil and Administrative Tribunal as a 'one-stop-shop' for dealing with a range of disputes, including those relating to domestic building works, planning permits and owners corporation matters.
Page last updated: 14/06/23
