Victoria No. 10240 Town and Country Planning (Westemport) Act 1985 [Assented to 10 December 1985] The Parliament of Victoria enacts as follows: Purpose. 1. The purpose of this Act is to amend the Town and Country Planning Act 1961— (a) to abolish the Western Port Committee; and (b) to enable the establishment of the Westemport Regional Planning and Co-ordination Committee; and (c) to excise the Shire of Pakenham from the metropolitan area. Commencement. 2. (1) Section 8 comes into operation on 1 July 1986. (2) The rest of this Act comes into operation on 1 January 1986. 819 2 1985 Town and Country Planning (Westemport) No. 10240 Principal Act. Act No. 6849. 3. In this Act the Town and Country Planning Act 1961 is called Reprinted to No. 9902. the Principal Act. Subsequently amended by Nos. 9910,9936. 9963,10087, 10093,10094 and 10187. Westemport Regional Planning and Co-ordination Committee. 4. After section 7 (5) of the Principal Act insert— "(6) The Minister may establish a committee under this section to be called the Westemport Regional Planning and Co-ordination Committee. (7) In addition to its other functions under this section, the Westemport Regional Planning and Co-ordination Committee shall— (a) advise the Minister on any matters relating to the purpose for which it was established; and (b) carry out any other duties imposed on it by or under this Act". New section 12K inserted. 5. After section 12J of the Principal Act insert— Westemport region. '12K. (I) In this section "Westemport region" means the area described in the Fifth Schedule arid any other area which the Governor in Council declares under this section to be added to the Westemport region but excludes any area which the Governor in Council under this section declares to be excised from the Westemport region. (2) The Governor in Council may from time to time by Order published in the Government Gazette— (a) declare any area of land adjoining the area described in the Fifth Schedule, or adjoining any area added under this section to the Westemport region, to be added to the Westemport region for the purposes of this Act; or (b) excise from the Westemport region any area of land included in the Westemport region for the time being. (3) Clause 11A of the Third Schedule shall apply to any planning scheme or interim development order in force in or proposed for the Westemport region as if in that clause— (a) the reference to the specified area of a regional planning authority were a reference to the Westemport region; and (b). any other reference to a regional planning authority were a reference to the Minister. 820 1985 Town and Country Planning (Westernport) No. 10240 3 (4) Sub-sections (5) to (10A) of section 58 with any necessary modifications apply to applications for permits and permits under planning schemes and interim development orders in force in the Westernport region as if in those sub-sections— (a) any reference to the terms of delegation were a reference to a planning scheme or interim development order in force in the Westernport region; and (b) any reference to the council or municipality were a reference to the responsible authority. (5) The Minister may by instrument delegate to the Westernport Regional Planning and Co-ordination Committee all or any of the powers discretions functions or authorities conferred on the Minister by any planning scheme or interim development order in force in the Westernport region in relation to applications for permits required to be referred to the Minister under that scheme or order.'. Repeal of Part IIIE. 6. Part IIIE. of the Principal Act is repealed. Metropolitan area. 7. Section 3 of the Principal Act is amended as follows: (a) In sub-section (1) in the interpretation of "Metropolitan area" after "metropolitan area" (where last occurring) insert "but excludes any area which the Governor in Council pursuant to this section declares to be excised from the metropolitan area"; (b) For sub-section (2) substitute— "(2) The Governor in Council may from time to time by Order published in the Government Gazette— (a) declare any area of land adjoining the area 5 described in the Second Schedule, or adjoining any area added under this section to the metropolitan area to be added to the metropolitan area for the purposes of this Act; or (b) excise from the metropolitan area any area of land included in the metropolitan area for the time being.". Excision of Shire of Pakenham from metropolitan area. 8. In the Second Schedule to the Principal Act, paragraph (c) is repealed. 821 1985 Town and Country Planning (Westemport) No. 10240 Westernport Region. 9. After the Fourth Schedule to the Principal Act insert: "FIFTH SCHEDULE THE WESTERNPORT REGION The Westernport region consists of— (a) the municipal districts (as from time to time constituted under the Local Government Act 1958) of the— Shire of Bass Shire of Cranbourne (except for any part which is within the metropolitan area) Shire of Flinders Shire of Hastings Shire of Korumburra Shire of Mornington Shire of Pakenham (except for any part which is within the metroplitan area) Shire of Phillip Island Borough of Won thaggi Shire of Woorayl; and (b) Western Port Bay and the islands within it.". NOTES 1. Minister's second reading speech— Legislative Council: 16 October 1985 Legislative Assembly: 30 October 1985 2. The long title for the Bill for this Act was "A Bill to amend the Town and Country Planning Act 1961.". 822 .