REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION

UNDER SECTION 20(4) OF THE PLANNING AND ENVIRONMENT ACT 1987

ALPINE, ALPINE RESORTS, ARARAT, BALLARAT, BANYULE, BASS COAST, BAW BAW, BAYSIDE, BENALLA, BOROONDARA, BRIMBANK, BULOKE, CAMPASPE, CARDINIA, CASEY, CENTRAL GOLDFIELDS, COLAC OTWAY, CORANGAMITE, DAREBIN, EAST , FRANKSTON, AND SANDSTONE ISLAND, GANNAWARRA, GLEN EIRA, GLENELG, GOLDEN PLAINS, GREATER BENDIGO, GREATER DANDENONG, GREATER GEELONG, GREATER SHEPPARTON, HEPBURN, HINDMARSH, HOBSONS BAY, HORSHAM, HUME, INDIGO, KINGSTON, KNOX, LATROBE, LODDON, MACEDON RANGES, MANNINGHAM, MANSFIELD, MARIBYRNONG, MAROONDAH, MELBOURNE, MELTON, MILDURA, MITCHELL, MOIRA, MONASH, MOONEE VALLEY, MOORABOOL, MORELAND, MORNINGTON PENINSULA, MOUNT ALEXANDER, MOYNE, MURRINDINDI, NILLUMBIK, NORTHERN GRAMPIANS, PORT OF MELBOURNE, , PYRENEES, QUEENSCLIFFE, SOUTH GIPPSLAND, SOUTHERN GRAMPIANS, STONNINGTON, STRATHBOGIE, SURF COAST, SWAN HILL, TOWONG, WANGARATTA, WARRNAMBOOL, WELLINGTON, WEST WIMMERA, WHITEHORSE, WHITTLESEA, WODONGA, WYNDHAM, YARRA, YARRA RANGES, YARRIAMBIACK PLANNING SCHEMES AMENDMENT GC175

The Planning and Environment Act 1987 (the P&E Act), the Heritage Act 2017 and the Victorian Civil and Administrative Tribunal Act 1998 provide for the intervention of the Minister for Planning in planning and heritage processes. In exercising the Minister’s powers of intervention, including action taken under delegation from the Minister for Planning, the Minister has agreed to: • make publicly available written reasons for each decision; and • provide a report to Parliament at least every 12 months, detailing the nature of each intervention.

REQUEST FOR INTERVENTION 1. Amendment GC175 updates the Schedules to Clause 53.06 to change the heading to Schedule to Clause 53.06 Live music entertainment venues and include an additional schedule section to Clause 53.06 enabling areas to be specified where Clause 53.06 applies to make the existing schedules consistent with the Ministerial Direction on the Form and Content of Planning Schemes.

WHAT POWER OF INTERVENTION IS BEING USED? 2. Under delegated authority from the Minister for Planning I have decided to exercise the power to exempt the Minister from all the requirements of sections 17, 18 and 19 of the P&E Act and the Regulations in respect to Amendment GC175 to the Alpine, Alpine Resorts, Ararat, Ballarat, Banyule, Bass Coast, Baw Baw, Bayside, Benalla, Boroondara, Brimbank, Buloke, Campaspe, Cardinia, Casey, Central Goldfields, Colac Otway, Corangamite, Darebin, East Gippsland, Frankston, French Island And Sandstone Island, Gannawarra, Glen Eira, Glenelg, Golden

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Plains, Greater Bendigo, Greater Dandenong, Greater Geelong, Greater Shepparton, Hepburn, Hindmarsh, Hobsons Bay, Horsham, Hume, Indigo, Kingston, Knox, Latrobe, Loddon, Macedon Ranges, Manningham, Mansfield, Maribyrnong, Maroondah, Melbourne, Melton, Mildura, Mitchell, Moira, Monash, Moonee Valley, Moorabool, Moreland, Mornington Peninsula, Mount Alexander, Moyne, Murrindindi, Nillumbik, Northern Grampians, Port Of Melbourne, Port Phillip, Pyrenees, Queenscliffe, South Gippsland, Southern Grampians, Stonnington, Strathbogie, Surf Coast, Swan Hill, Towong, Wangaratta, Warrnambool, Wellington, West Wimmera, Whitehorse, Whittlesea, Wodonga, Wyndham, Yarra, Yarra Ranges, Yarriambiack Planning Schemes. 3. Section 20(4) of the P&E Act enables the Minister for Planning to exempt an amendment which the Minister prepares from any of the requirements of sections 17, 18 and 19 of the Act or the Regulations. 4. In seeking to exercise this power, section 20(4) of the Act requires that the Minister must consider that compliance with any of those requirements is not warranted or that the interests of or any part of Victoria make such an exemption appropriate.

BACKGROUND 5. Amendment GC175 updates all existing schedules to Clause 53.06 to change the heading to Schedule to Clause 53.06 Live music entertainment venues and include an additional schedule section to Clause 53.06 enabling areas to be specified where Clause 53.06 applies. The amendment implements the outcome of Amendment VC183 and associated updates to the Ministerial Direction on the Form and Content of Planning Schemes.

BENEFITS OF EXEMPTION

6. Exempting Amendment GC175 from the notice requirements of the Act and the regulations will allow for the immediate implementation of the amendment. This is appropriate as the amendment implements the outcomes of Amendment VC183 by making the existing Schedules to Clause 53.06 consistent with the Ministerial Direction on the Form and Content of Planning Schemes.

EFFECTS OF EXEMPTION ON THIRD PARTIES

7. The effect of exempting Amendment GC175 from the notice requirements set out in sections 17, 18 and 19 of the Act and the regulations is that third parties will not be notified of the proposed amendment or be provided with an opportunity to make submissions on the amendment to a panel.

ASSESSMENT AS TO WHETHER THE BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS ON THIRD PARTIES

8. The amendment implements the outcomes of Amendment VC183 by making the existing Schedules to Clause 53.06 consistent with the Ministerial Direction on the Form and Content of Planning Schemes. The amendment is therefore administrative in nature.

9. As part of Amendment VC183, consultation with the relevant government agencies was undertaken and no issues or objections were raised.

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10. It is considered that the amendment will have no substantive effect on third parties.

11. Further consultation would not alter the outcome of the amendment.

12. Accordingly, I, acting under delegation from the Minister, consider that the benefits of exemption from sections 17, 18 and 19 of the P&E Act outweigh any effects of the exemption on third parties.

DECISION 13. Under delegated authority from the Minister for Planning, I have decided to exercise the power to exempt the Minister from all the requirements of sections 17, 18 and 19 of the P&E Act and the Regulations in respect of Amendment GC175 to the Alpine, Alpine Resorts, Ararat, Ballarat, Banyule, Bass Coast, Baw Baw, Bayside, Benalla, Boroondara, Brimbank, Buloke, Campaspe, Cardinia, Casey, Central Goldfields, Colac Otway, Corangamite, Darebin, East Gippsland, Frankston, French Island And Sandstone Island, Gannawarra, Glen Eira, Glenelg, Golden Plains, Greater Bendigo, Greater Dandenong, Greater Geelong, Greater Shepparton, Hepburn, Hindmarsh, Hobsons Bay, Horsham, Hume, Indigo, Kingston, Knox, Latrobe, Loddon, Macedon Ranges, Manningham, Mansfield, Maribyrnong, Maroondah, Melbourne, Melton, Mildura, Mitchell, Moira, Monash, Moonee Valley, Moorabool, Moreland, Mornington Peninsula, Mount Alexander, Moyne, Murrindindi, Nillumbik, Northern Grampians, Port Of Melbourne, Port Phillip, Pyrenees, Queenscliffe, South Gippsland, Southern Grampians, Stonnington, Strathbogie, Surf Coast, Swan Hill, Towong, Wangaratta, Warrnambool, Wellington, West Wimmera, Whitehorse, Whittlesea, Wodonga, Wyndham, Yarra, Yarra Ranges, Yarriambiack Planning Schemes.

REASONS FOR INTERVENTION 14. I provide the following reasons for my decision under delegated authority to exercise the power under section 20(4) of the P&E Act. 15. I, acting under delegation from the Minister, am satisfied that:

Compliance with any of the requirements of sections 17, 18 and 19 of the P&E Act and the Regulations is not warranted because: • The amendment implements the outcomes of Amendment VC183 by making the existing Schedules to Clause 53.06 consistent with the Ministerial Direction on the Form and Content of Planning Schemes.

• As part of Amendment VC183, consultation with the relevant government agencies was undertaken and no issues or objections were raised.

SIGNED BY THE DELEGATE

Phillip Burn Director, Planning Systems Department of Environment, Land, Water and Planning

Date: 20 January 2021

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