MINISTERIAL POWERS OF INTERVENTION IN PLANNING
AND HERITAGE MATTERS
REASONS FOR DECISION TO USE POWER OF
INTERVENTION
VICTORIA PLANNING PROVISIONS
AND ALL PLANNING SCHEMES IN VICTORIA
AMENDMENT VC83
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 using my powers of intervention, in accordance with the Ministerial Powers of Intervention
in Planning and Heritage Matters Practice Note, 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 Planning and Environment Act 1987 (the Act) and the
regulations in respect of Amendment VC83 to the Victoria Planning Provisions (VPP) and
planning schemes.
3.
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.
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.
Amendment VC83 amends the Victoria Planning Provisions and all planning schemes to
implement key components of the Integrated Planning and Building Framework forming
part of the Government 2009 Victorian Bushfires Royal Commission (VBRC)
Implementation Plan (May 2011).
6.
The details of the changes are set out in the Explanatory Report for the amendment.
BENEFITS OF EXEMPTION
7.
The proper planning and development of areas at risk from bushfire risk and the changes
to be implemented by Amendment VC83 are matters of genuine State significance and
raise major issues of State policy and public interest.
8.
Amendment VC83 gives effect in the Victoria Planning Provisions and planning schemes
to key VBRC recommendations relating to the planning and building system in Victoria.
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9.
The changes being introduced by the amendment have been well ventilated through the
process of the VBRC and in the public arena since the recommendations have been
made public.
10. All relevant public agencies and public authorities that have a direct interest and
responsibility in relation to the amendments being introduced have been involved in The
Government 2009 Victorian Bushfires Royal Commission (VBRC) Implementation Plan
(May 2011) and in developing the statutory response to give effect to the VBRC
recommendations and in the final form of VC83.
11. The amendment improves the contribution by the planning and building system to
respond to the risk of bushfire across the State.
12. Exempting the amendment from the requirements of sections 17 to 19 of the Act will
allow the relevant VBRC recommendations to be implemented with minimal delay. This
contributes to improved response to risk from bushfire for the broader community.
EFFECTS OF EXEMPTION ON THIRD PARTIES
13. The effect of exempting Amendment VC83 from the usual requirements set out in
sections 17. 18 and 19 of the Act and the regulations is that third parties will not receive
prior notifications of the proposed amendment, and a panel will not be appointed to
consider public submissions regarding the amendment.
14. The changes implemented by the amendment give affect to the recommendations of the
2009 Bushfire Royal Commission that involved extensive process of submission and
examination of the need for changes to the planning and building system to respond the
risk of bushfire.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS ON
THIRD PARTIES
15. For the reasons set out above, I have concluded that the benefits of exempting
Amendment VC83 from the requirements of sections 17 to 19 of the Act outweighs the
effects of such an exemption on third parties.
16. I consider that compliance with the requirements of sections 17 to 19 of the Act and the
regulations in relations to Amendment VC83 is not warranted, and that it is in the
interests of Victoria to exempt Amendment VC83 from those requirements.
REASONS FOR INTERVENTION
17. In accordance with the Ministerial Powers of Intervention in Planning and Heritage
Matters Practice Note I provide the following reasons for my decision to exercise my
power under section 20(4) of the Act.

The interests of Victoria make exemption of the Amendment from the notice
requirements appropriate because the proposed amendments are of genuine State
significance and raise major issues of State policy and public interest which should be
progressed without delay.

Compliance with the notice requirements of the Act is not warranted because the
proposed amendments give effect to changes that reflect the Government’s response
to the recommendation of the 2009 Victorian Bushfire Royal Commission which
involved an extensive public process where the issues have been reasonably
considered.
Amendment VC83 Reasons for Intervention
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DECISION
18. I have decided to exempt Amendment VC83 from the requirements of sections 17, 18
and 19 of the Act and the regulations.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 9 November 2011
Amendment VC83 Reasons for Intervention
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