REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
GREATER GEELONG PLANNING SCHEME
AMENDMENT C304
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 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. The Department of Justice has requested that the Minister for Planning prepare,
adopt and approve Amendment C304 to the Greater Geelong Planning Scheme, with
an exemption from the notice requirements, under section 20(4) of the Planning and
Environment Act 1987 (the Act).
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 Act and the regulations in respect to Amendment C304 to the Greater Geelong
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.
The Marngoneet Correctional Centre at Lara was opened in March 2006 and operates
as a 394 bed medium security correctional facility.
6.
In March of 2013, the Minister for Corrections announced the construction of an
expansion to the centre to include a secure Restricted Minimum Prison Annex capable
of accommodating 216 males.
7.
The Marngoneet Correctional Centre is zoned Special Use 9 – “Correction Programs
Centre at Lara” which encompasses the Marngoneet Centre and adjoining Barwon
Prison. No permit is required to use or develop the site as a ‘Corrective institution’
provided it is in accordance with a Correctional Facility Development Plan prepared to
the satisfaction of the Minister for Planning.
8.
The Department of Justice has requested an amendment to the Greater Geelong
Planning Scheme to remove planning permit requirements that currently apply to the
site under Environmental Significance Overlay Schedule 4 (ESO4 - Grasslands within
the Werribee Plains Hinterland) and under Clause 52.17 (Native Vegetation).
9.
The Department of Justice commissioned Ecology Australia to undertake a technical
review of the land. The review concluded that the site was highly degraded and
unlikely to support any significant population of any threatened flora or fauna
species.
10. The Ecology Australia assessment has been reviewed by the Department of
Environment and Primary Industries which has advised that it is satisfied that the site
does not contain the biodiversity assets that ESO4 protects and that the amendments
to ESO4 and the schedule to Clause 52.17 would be appropriate.
11. The City of Greater Geelong Council passed a resolution in support of the proposed
amendment on 10 December 2013.
BENEFITS OF EXEMPTION
12. The exemption will enable the prompt adoption and approval of the amendment,
resulting in the immediate removal of unnecessary planning permit triggers within the
Greater Geelong Planning Scheme.
13. ESO4 seeks to protect native vegetation and native fauna habitat of the Victorian
Volcanic Plain. The Department of Environment and Primary Industries has confirmed
that the site does not contain the biodiversity assets that the ESO4 is trying to
protect. Therefore there is no value added by requiring a planning permit under the
ESO4.
14. The schedule to Clause 52.17 already contains a permit exemption for all land zoned
Special Use Zone 9, however the title description incorrectly refers to ‘Part of Lot 23
on LP4668’ rather than all of this lot and to ‘Part of CA C, Section 27, Parish of
Moranghurk’, rather than all of this lot. A correction to the schedule is required to
ensure all land in Special Use Zone 9 is correctly described, and can benefit from the
intended exemption.
15. The exemption will expedite the overall approvals process for the proposed annex
facility, and assist in meeting an urgent need for additional beds in the custodial
system.
16. Development of the annex will have significant positive effects in terms of job
creation. The Deparement of Justice estimates that there will be a large number of
construction jobs during the development phase of the project and up to 80
additional correction facility jobs once the annex is in operation. Opportunities will
also be available for local producers and suppliers to provide equipment and
products.
EFFECTS OF EXEMPTION ON THIRD PARTIES
17. The effects of exemption of the amendments from notice requirements is that third
parties will not have an opportunity to be formally notified of the amendment and to
have their submissions considered by an appointed independent Planning Panel.
18. However, in view of the community and agency consultation that the Department of
Justice has recently undertaken about the proposed annex development, and also the
evidence confirming that the site does not contain any biodiversity assets sought to
be retained under the planning scheme, the effect of the exemption on third parties
is likely to be minimal.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
19. In view of the urgent need to expand the custodial system in Victoria, and as there
are no flora and fauna assets on the development site for the Marngoneet annex, the
benefits of the exemption outweigh the almost negligible effects on third parties.
20. 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
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 Act and the regulations in respect of Amendment C304 to the Greater Geelong
Planning Scheme.
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 Act.
15. I, acting under delegation from the Minister, am satisfied that The interests of Victoria or any part of Victoria make such an exemption appropriate
because:
 There is an urgent need to expand the custodial system in Victoria; and
 The exemption will expedite a simplification of the regulatory planning
framework applying to the development of the Marngoneet Correction Centre
Annex by eliminating permit requirements that are unnecessary.
SIGNED BY DELEGATE
PAUL JARMAN
Acting Director
Planning Statutory Services
Date: 26 February 2014