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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 above). 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

Ballarat C241ball

Boroondara C399boro

Colac Otway C123cola

Darebin C182dare

GC173

Macedon Ranges C150macr

Maribyrnong C181mari

Melbourne C458melb

Port Phillip C201port

September

Boroondara C376boro

Darebin C211dare

Darebin C214dare

Greater Bendigo C283gben

Kingston C199king

Loddon C47lodd

Macedon Ranges C159macr

Melbourne C455melb

Monash C170mona

Pyrenees C54pyrn

Yarra C320yara

Yarra Ranges C219yran

VC242

VC243

VC246

October

Campaspe C120camp

Frankston C164fran

GC221

GC223

Greater Geelong C454ggee

Macedon Ranges C156macr

Maroondah C144maro

Melbourne C434melb

Melton C239melt

Melton C240melt

Mitchell C166mith

Surf Coast C144surf

VC241

VC247

November

GC231

Hepburn C87hepb

Melbourne C454melb

Mildura C118mild

Wellington C121well

Yarra Ranges C198yran

December

Bass Coast C152basc

Campaspe C124camp

Central Goldfields C39cgol

Colac Otway C127cola

Darebin C209dare

East Gippsland C166egip

Golden Plains C103gpla

Greater Dandenong C240gdan

Hepburn C78hepb

Hume C269hume

Maribyrnong C178mari

Maribyrnong C183mari

Maroondah C146maro

Melbourne C457melb

Moonee Valley C233moon

Murrindindi C75muri

Surf Coast C141surf

VC249

VC250

VC253

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: 04/12/23