Ministerial interventions

Status

Published: August 2023

Last updated: 13 September 2023

Ministerial intervention

The Minister for Planning has powers to assume responsibility for particular matters under the Planning and Environment Act 1987, the Heritage Act 2017 and the Victorian Civil and Administrative Tribunal Act 1998.

These powers are commonly referred to as powers of intervention, because they enable the Minister to take over responsibility for certain matters from another authority or decision maker, including by:

amending a planning scheme
advancing the processing of an amendment to a planning scheme
calling in a permit application from council
calling in a matter before the Victorian Civil and Administrative Tribunal (Tribunal).

Minister’s powers

The Minister’s powers of intervention are summarised below:

Ministerial interventions under the Planning and Environment Act 1987

Summary of the Minister’s power

Exempt himself or herself from any of the requirements of sections 17, 18, 19 and the regulations in respect of an amendment which the Minister prepares.

Circumstances in which the power may be used

If the Minister considers that:

compliance with any of those requirements is not warranted; or
the interests of Victoria or any part of Victoria make such an exemption appropriate.

When can a request be made?

At the same time that the Minister is requested to prepare an amendment.

Summary of the Minister’s power

Call in an application for permit before a responsible authority makes a decision.

Circumstances in which the power may be used

If it appears to the Minister that:

the application raises a major issue of policy and that the determination of the application may have a substantial effect on the achievement or development of planning objectives
the decision on the application has been unreasonably delayed to the disadvantage of the applicant
the use or development to which the application relates is also required to be considered by the Minister under another Act or regulation and that consideration would be facilitated by the referral of the application to the Minister.

When can a request be made?

After the application is made and before the application is decided by the responsible authority.

Summary of the Minister’s power

Agree to a request by a responsible authority to decide an application for a permit.

Circumstances in which the power may be used

None specified

When can a request be made?

After the application is made and before the application is decided by the responsible authority.

Summary of the Minister’s power

Expedite a planning scheme amendment.

Circumstances in which the power may be used

None specified

When can a request be made?

At any time after the planning authority is authorised by the Minister to prepare the amendment (refer to Ministerial Direction 15 for the times to complete steps in the amendment process).

Ministerial interventions under the Heritage Act 2017

Summary of the Minister’s power

Call in a recommendation of the Heritage Council that a place or object should or should not be included in the Heritage Register.

Circumstances in which the power may be used

None specified

When can a request be made?

At any time after notice of a recommendation is published under section 41 of the Act and before the decision of the Heritage Council under section 49 of the Act.

Summary of the Minister’s power

Call in a review from the Heritage Council.

Circumstances in which the power may be used

None specified

When can a request be made?

At any time after a request for a review has been made to the Heritage Council but before the review is determined.

Summary of the Minister’s power

Refer a Heritage Council review to the Tribunal for determination.

Circumstances in which the power may be used

If in the Minister's opinion the determination of the review may have a significant effect on the achievement or development of planning and heritage objectives.

When can a request be made?

At any time after a request for a review has been made to the Heritage Council but before the review is determined.

Ministerial interventions under the Victorian Civil and Administrative Tribunal Act 1998

Summary of the Minister’s power

Intervene in a proceeding under a planning enactment.

Circumstances in which the power may be used

If the Minister considers that:

the proceeding raises a major issue of policy
in the case of a review brought under the Planning and Environment Act 1987, the determination of the review may have a substantial effect on the future planning of the area in which the land the subject of the review is situated.

When can a request be made?

At any time in a proceeding, including after the Tribunal has heard the proceeding, but before the Tribunal has delivered its final determination in the proceeding.

Summary of the Minister’s power

Call in a proceeding for review of a decision under the Planning and Environment Act 1987.

Circumstances in which the power may be used

If the Minister considers that:

the proceeding raises a major issue of policy
the determination of the proceeding may have a substantial effect on the achievement or development of planning objectives.

When can a request be made?

After an application for review has been made and:

before the final determination of the proceeding
no later than 7 days before the day fixed for the hearing of the proceeding.

Summary of the Minister’s power

Call in a proceeding for review of a decision under a planning enactment other than the Planning and Environment Act 1987.

Circumstances in which the power may be used

If the Minister considers that the proceeding raises a major issue of policy.

When can a request be made?

After an application for review has been made and:

before the final determination of the proceeding
no later than 7 days before the day fixed for the hearing of the proceeding.

It is at the Minister’s discretion as to when they will use their intervention powers, except where a provision of the relevant Act specifies the circumstances in which the Minister may use the power (as set out in the above tables). The Minister publishes reasons explaining each intervention. See below for recent interventions.

Planning authority or proponent requests for intervention

Where a person other than the Minister proposes an intervention, a written request must be made to the Minister. The request should:

be made within the time that the Minister may use the power (refer to the above tables)
allow the Minister sufficient time to consider the request, having regard to when the legislation specifies the power may be used.

Information to accompany a request for intervention

A request to the Minister should include appropriate evidence and information to justify the request, including an explanation of:

the power the Minister is being asked to use
the reasons why the request is being made
if the relevant legislation specifies circumstances in which the Minister may use the power - how and why those circumstances apply
why the normal planning or heritage process should not be followed, including any evidence to support the reasons given
the type, extent and outcome of any consultation with the relevant municipal council, any affected government department, authority or person (including the owners and occupiers of land affected by the amendment)
what consultation, if any, has occurred with the Department of Transport and Planning
if the request relates to a proposed planning scheme amendment
- the effect of the proposed amendment
- details of how the proposal has previously been dealt with by the municipal council.

In addition to the above:

if the request relates to a planning permit application - the request should include a complete copy of the application (as made to the responsible authority) and describe how the application has been processed by the responsible authority
in the case of a request for the Minister to prepare an amendment to a planning scheme - the request should include the prescribed fee.

Consult the Department first

Municipal councils, government departments, authorities and other persons should first consult the Planning Group or Heritage Victoria (as appropriate) within the Department of Transport and Planning before submitting a written request to the Minister.

Ministerial interventions

Recent Ministerial interventions on planning scheme amendments are listed below.

A copy of the reasons for the intervention can be obtained from the relevant amendment record included in the list of amendments shown with each local planning scheme.

January	Moorabool C100moor Brimbank C236brim Greater Bendigo C277gben Benalla C44bena Melbourne C446melb
February	Boroondara C393boro Greater Geelong C431ggee Indigo C78indi Melbourne C413melb Moira C97moir Moyne C78moyn Stonnington C329ston VC215 Yarra C313yara
March	Bayside C188bays Mornington Peninsula C284morn Mornington Peninsula C297morn VC229 Yarra C315yara
April	Darebin C213dare Glen Eira C250glen Kingston C214king Nillumbik C148nill Port Phillip C211port Stonnington C312ston
May	Cardinia C276card Corangamite C60cora Glen Eira C253glen Glen Eira C254glen Greater Bendigo C281gben Greater Dandenong C233gdan Merri-bek C218more Merri-bek C226more Monash C151mona Whittlesea C257wsea Yarra C314yara Yarra C316yara
June	Alpine C66alpi Ballarat C236ball Casey C293case Corangamite C62cora Corangamite C61cora Greater Geelong C456ggee Hume C257hume Melbourne C425melb Mornington Peninsula C299morn Port Phillip C207port Pyrenees C53pyrn VC234 Greater Dandenong C245gdan Hepburn C73hepb
July	Buloke C45blok Frankston C162fran GC220 Kingston C218king Moyne C74moyn Port Phillip C195port VC236 VC238 Wellington C112well
August	Colac Otway C123cola Darebin C182dare GC173 Macedon Ranges C150macr Maribyrnong C181mari Melbourne C458melb Port Phillip C201port

January	Mitchell C129mith Latrobe C135latr Ballarat C232ball Mornington Peninsula C242morn Hume C246hume Stonnington C315ston Ararat C40arat Melbourne C423melb
February	Ballarat, GC192 Colac Otway C113cola Colac Otway C121cola Glen Eira C228glen Mansfield C47mans Melbourne C356melb VC209 Whittlesea C260wsea
March	Banyule C160bany Banyule C164bany Boroondara C357boro GC157 Port of Melbourne C4pmel VC219 Wodonga C137wdon
April	Central Goldfields C37cgol GC198 Loddon C46lodd Melbourne C385melb Moreland C216more VC210 Whittlesea C259wsea
May	Glen Eira C242glen Golden Plains C100gpla Hume C261hume Manningham C134mann Melbourne C361melb Stonnington C317ston Stonnington C318ston Stonnington C321ston VC216 VC217 VC220 Yarra Ranges C196yran
June	Casey C273case GC201 Kingston C200king Maribyrnong C175mari Melbourne C421melb Melbourne C429melb Melbourne C430melb Moyne C76moyn Yarra C304yara Yarra C305yara
July	Pyrenees C51pyrn VC221 VC230
August	Ballarat C227ball East Gippsland C164egip Melbourne C402melb Melbourne C428melb Port Phillip C183port Queenscliffe C36quen VC223
September	Ballarat C233ball Banyule C167bany Baw Baw C147bawb Boroondara C383boro GC197 Greater Geelong C448ggee Greater Geelong C449ggee Greater Shepparton C234gshe Horsham C83hors Melbourne C409melb Melbourne C436melb Melbourne C439melb Mildura C113mild Port Phillip C180port Stonnington C327ston Swan Hill C77swan VC222 VC225
October	Ballarat C238ball Campaspe C121camp East Gippsland C162egip GC199 GC207 Hume C264hume Manningham C135mann Mansfield C52mans Melbourne C404melb Melton C230melt Moonee Valley C224moon Moonee Valley C230moon Murrindindi C72muri Nillumbik C150nill Stonnington C319ston Stonnington C323ston Surf Coast C142surf VC224 VC226 VC227 Wangaratta C91wang Wangaratta C92wang Whittlesea C267wsea Wodonga C138wdon Wyndham C264wynd Yarra C310yara Yarra C311yara Yarra Ranges C195yran Yarra Ranges C213yran
November	Bayside C193bays Melbourne C364melb VC228
December	Boroondara C389boro Darebin C212dare Manningham C133mann Melbourne C420melb Melbourne C422melb Port Phillip C184port Port Phillip C204port VC201

January	Bayside C168bays Boroondara C338boro Buloke C39blok Corangamite C48cora GC177 Greater Bendigo C267gben Mansfield C46mans Mount Alexander C92malx Queenscliffe C30quen
February	Glen Eira C222glen Moyne C73moyn Moorabool C98moor V10
March	Ballarat C228ball Golden Plains C95gpla Greater Bendigo C265gben Hobsons Bay C130hbay Hume C248hume Hume C254hume Moreland C203more Moreland C210more Port Phillip C177port Pyrenees C48pyrn VC185 VC194 VC197
April	Benalla C39bena Colac Otway C99cola Darebin C185dare Golden Plains C93gpla Greater Geelong C425ggee Greater Geelong C430ggee Loddon C42lodd Melbourne C378melb Mount Alexander C95malx Nillumbik C134nill Strathbogie C82strb VC189 VC198
May	Banyule C117bany Bayside C180bays Buloke C43blok Cardinia C254card Cardinia C269card Central Goldfields C28cgol Corangamite C54cora French Island and Sandstone Island C11fisi Gannawarra C44gann Glenelg C99gelg Hindmarsh C19hind Horsham C80hors Indigo C75indi Moonee Valley C220moon Moreland C192more Northern Grampians C59ngra Port Phillip C175port Port Phillip C196port Pyrenees C46pyrn Surf Coast C135surf Surf Coast C136surf West Wimmera C36wwim Yarriambiack C29yari
June	Ararat C45arat Bass Coast C160basc Benalla C41bena Brimbank C211brim Casey C282case Glen Eira C225glen Golden Plains C83gpla Golden Plains C96gpla Greater Bendigo C255gben Greater Geelong C423ggee Greater Shepparton C210gshe Greater Shepparton C218gshe Hindmarsh C17hind Hobsons Bay C126hbay Knox C180knox Mansfield C43mans Melbourne C392melb Melton C208melt Mitchell C159mith Moira C90moir Monash C152mona Moonee Valley C202moon Moorabool C92moor Mornington Peninsula C255morn Murrindindi C66muri Nillumbik C118nill Nillumbik C135nill Port Phillip C162port Towong C36towg Wangaratta C78wang West Wimmera C35wwim Yarra C290yara Yarra C292yara VC203
July	Ballarat C214ball Boroondara C313boro Boroondara C351boro Boroondara C356boro Boroondara C359boro Casey C259case Casey C278case Glen Eira C192glen Glen Eira C226glen Golden Plains C97gpla Greater Bendigo C272gben Greater Dandenong C220gdan Knox C190knox Macedon Ranges C131macr Maroondah C131maro Melton C225melt Moreland C195more Mornington Peninsula C279morn Port Phillip C181port Port Phillip C193port Queenscliffe C38quen Stonnington C297ston VC206 Warrnambool C202warr Warrnambool C208warr Whitehorse C222whse Wyndham C248wynd Yarra C263yara Yarriambiack C23yari
August	Boroondara C358boro Frankston C141fran Gannawarra C46gann GC92 GC190 Golden Plains C94gpla Horsham C79hors Hume C256hume Latrobe C130latr Melbourne C398melb Monash C156mona Mornington Peninsula C253morn Nillumbik C139nill Northern Grampians C61ngra Wodonga C134wdon Yarra C270yara
September	Darebin C197dare Darebin C201dare GC151 GC179 GC182 Glen Eira C230glen Greater Bendigo C273gben Greater Shepparton C231gshe Melbourne C416melb Moira C95moir Moreland C207more Mornington Peninsula C238morn Mornington Peninsula C283morn South Gippsland C127sgip VC202 VC208 VC211 Wangaratta C82wang Wodonga C130wdon Yarra C272yara Yarra C288yara
October	Banyule C163bany Benalla C41bena Frankston C151fran Hume C252hume Knox C193knox Melbourne C388melb Strathbogie C84strb VC204 VC205 VC212 Wyndham C258wynd
November	Bayside C183bays Casey C281case GC181 Darebin C206dare Greater Geelong C439ggee Moonee Valley C223moon Nillumbik C137nill VC214
December	Benalla C42bena Campaspe, GC196 Darebin C200dare Glen Eira C229glen Glen Eira C236glen Greater Dandenong C211gdan Loddon C45lodd Maribyrnong C173mari Melbourne C408melb Port Phillip C182port Stonnington C313ston VC199 VC200

Page last updated: 13/09/23

Status

Published: August 2023

Last updated: 13 September 2023

Ministerial interventions

Status

Ministerial intervention

Minister’s powers

Ministerial interventions under the Planning and Environment Act 1987

Section 20(4)

Section 97B

Section 97C

Section 185A

Ministerial interventions under the Heritage Act 2017

Section 50

Section 109(1)(a)

Section 109(1)(b)

Ministerial interventions under the Victorian Civil and Administrative Tribunal Act 1998

Schedule 1 – Clause 57

Schedule 1 – Clause 58

Schedule 1 – Clause 59

Planning authority or proponent requests for intervention

Information to accompany a request for intervention

Consult the Department first

Ministerial interventions

2023

2022

2021

Status