REQUEST FOR MINISTERIAL INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
MELBOURNE PLANNING SCHEME AMENDMENT C195
The Planning and Environment Act 1987, the Heritage Act 1995 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 twelve months detailing the nature of
each intervention.
REQUEST FOR INTERVENTION
1. City of Melbourne have requested that the Minister for Planning utilise his powers
under section 20(4) of the Planning and Environment Act 1987 with respect to
Amendment C195 to the Melbourne Planning Scheme. The request seeks to make
‘materials recycling’ a permitted purpose within the Capital City Zone Schedule 1 and
Schedule 2 areas.
WHAT POWER OF INTERVENTION IS BEING USED?
3.
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 Planning and Environment Act 1987 and the regulations in respect to
Amendment C195 to the Melbourne Planning Scheme.
4.
Section 20(4) of the Planning and Environment Act 1987 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.
5.
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 Victoria or any part of Victoria make such an exemption
appropriate.
BACKGROUND
6.
The amendment will facilitate innovative materials recycling facilities by making them
a permit required use with each facility able to be assessed on its merits. The current
prohibition of ‘materials recycling’ within the Capital City Zone Schedule 1 and
Schedule 2 does not reflect advances in onsite materials recycling technology that
have significantly reduced off-site amenity impacts and can dramatically reduce the
volume of waste generated for landfill at the source.
7.
The amendment will enable the consideration and installation of a materials and
recycling facility at Ross House in the Degraves Street precinct. The City of
Melbourne is leading the implementation of the Degraves Street recycling program
which involves removing recyclables from the waste stream and processing them on-
site through the use of an organic recycling machine, a cardboard baler, glass
crusher and co-mingled recycling bins.
BENEFITS OF EXEMPTION
8. The exemption of the amendment from the usual notice requirements will enable a
prompt decision on the adoption and approval of the amendment to facilitate the
works, without the need for a lengthy notification and planning panel process.
9. The exemption also avoids the need for a process which is not considered necessary
given that the amendment will require that use of land for materials recycling are
‘Section 2 permit required’ and subject to the usual planning permit assessment
processes and notification requirements of Section 52 of the Planning and
Environment Act 1987.
10. The amendment will increase capacity for materials recycling and will result in positive
environmental, social and economic benefits by:
-
Enabling innovation in the area of waste minimisation with direct environmental
and social benefits for amenity and liveability of the Central City.
-
Reduction in waste collection and disposal cost by increasing the capacity for
on-site materials recycling.
-
Efficient and cost effective delivery of on-site materials recycling within a
Capital City context.
11. The amendment meets the objectives for planning outlined in the Planning and
Environment Act 1987 by providing for the fair, orderly, economic and sustainable
use, and development of land.
EFFECTS OF EXEMPTION ON THIRD PARTIES
12. The effect of the exemption is that third parties will not have the formal opportunity to
lodge a submission or be heard by a Panel with respect to this amendment.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
13. The benefits of the exemptions as proposed by amendment C195 to the Melbourne
Planning Scheme significantly outweigh the effects on third parties.
14. The exemption facilitates the expedient delivery of innovative waste minimisation
solutions and contributes to the City of Melbourne’s commitment to sustainability.
Additionally, the amendment provides for the ability to consider each future proposal
on its merits and subject to the notification requirements of the Act via the planning
permit assessment process.
15. Accordingly I, acting under delegation from the Minister, consider that the benefits of
exemption from sections 17, 18 and 19 of the Act outweigh any effects of the
exemption on third parties.
DECISION
16. 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 Planning and Environment Act 1987 and the regulations in respect of
Amendment C195 to the Melbourne Planning Scheme.
REASONS FOR INTERVENTION
17. I provide the following reasons for my decision under delegated authority to exercise
the power under section 20(4) of the Planning and Environment Act 1987.
18. I, acting under delegation from the Minister, am satisfied that Compliance with any of the requirements of sections 17, 18 and 19 of the Act and the
regulations is not warranted because:
 The amendment gives effect to an outcome where the issues have been
reasonably considered.
 There is a need for urgency and the public interest would be served by
immediate action and the delivery of innovative waste minimisation solutions
contributing to sustainable development.
Signed by the Delegate
Jane Monk
Director
Planning Statutory Services
Date: 11 October 2012