REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
WELLINGTON PLANNING SCHEME AMENDMENT C81
The Planning and Environment Act 1987 (the Act), 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 my powers of intervention, I have 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.
No person other than the Minister has proposed or requested this intervention.
WHAT POWER OF INTERVENTION IS BEING USED?
2.
I have decided to exercise my powers to exempt myself from all the requirements of
sections 17, 18 and 19 of the Act and the regulations in respect to Amendment C81
to the Wellington Planning Scheme.
3.
Section 20(4) of the 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 Victoria or any part of Victoria make such an exemption
appropriate.
BACKGROUND
5.
Seaton was devastated by bushfire in January 2013 (Aberfeldy-Donnellys bushfire).
The bushfire was active for 43 days, affected approximately 86,000 hectares,
destroyed 21 homes and resulted in one death.
6.
The Country Fire Authority (CFA) has advised the Department of Transport, Planning
and Local Infrastructure that many of the sites will be unable to obtain planning
approval to rebuild under the provisions of the Bushfire Management Overlay (BMO).
7.
Clause 52.38 and Clause 52.39, which create exemptions from the planning permit
process for activities associated with bushfire recovery, specifically applies to sites
affected by the 2009 Victorian bushfires.
8.
Amendment C81 will insert a schedule to Clause 44.06 – Bushfire Management
Overlay to tailor landscape and defendable space requirements to facilitate the
rebuild of dwellings destroyed by the bushfire. The schedule will also:

Ensure the BMO requirements are implemented to the fullest reasonable extent.


9.
Maintain the planning permit trigger.
Maintain a referral to the CFA to enable the CFA to work with councils and
landowners to develop a site specific package of bushfire protection measures.
The attached Explanatory Report gives details of the amendment.
BENEFITS OF EXEMPTION
10. Amendment C81 streamlines the approval process for rebuilding of dwellings and
other buildings that were destroyed by the 2013 bushfires in Seaton. The amendment
supports the government’s commitment following the 2009 Victorian bushfires to
assist bushfire survivors to rebuild as quickly and safely as practicable.
11. Amendment C81 supports the Seaton community to recover from the impacts of the
2013 bushfires and implements the objectives of the Planning and Environment Act
1987, in particular, by;

providing for the fair, orderly, economic and sustainable use, and development of
land;
 securing a pleasant, efficient and safe working, living and recreational
environment for all Victorians and visitors to Victoria; and
 balancing the present and future interests of all Victorians.
12. There is a need for action in order to help individuals to rebuild safely and efficiently.
Amendment C81 will also allow Wellington Shire Council to support affected land
owners in a timely, efficient and cost effective manner.
EFFECTS OF EXEMPTION ON THIRD PARTIES
13. The effect of the exemption will be that formal notice of the amendment will not be
provided in accordance with the Act.
14. Due to the urgency of the matter, consultation with members of the general public
and other agencies has not been undertaken.
15. Amendment C81 has been developed in consultation with the Country Fire Authority.
Planning officers from Wellington Shire Council have also been advised of the
changes.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
16. It is important that the people and community of Seaton and the Wellington Shire
Council be able to undertake recovery activities in a manner that is timely, efficient
and cost effective.
17. Accordingly I consider that the benefits of exempting myself from sections 17, 18 and
19 of the Act outweigh any effects of the exemption on third parties.
DECISION
13. I have decided to exercise my power to exempt myself from all the requirements of
sections 17, 18 and 19 of the Act and the regulations in respect of Amendment C81
to the Wellington Planning Scheme.
REASONS FOR INTERVENTION
14. I provide the following reasons for my decision to exercise my power under section
20(4) of the Act.
15. I am satisfied that The interests of Victoria or any part of Victoria make such an exemption appropriate
because:

The public interest would be served by the immediate implementation of
provisions that assist landowners to rebuild after a bushfire event.

There is a need for action to assist the community of Seaton recover from the
2013 bushfires in a timely, efficient and cost effective manner. In particular,
there is a need to provide support to individuals by streamlining the planning
process for rebuilding dwellings that were destroyed.

Amendment C81 supports the government’s commitment following the 2009
Victorian bushfires to streamline the planning process so that bushfire survivors
can commence the rebuilding process as soon as practicable.
SIGNED BY THE MINISTER
MATTHEW GUY MLC
Minister for Planning
Date: 11 April 2014