REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
YARRA RANGES PLANNING SCHEME AMENDMENT C127
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 Emerald Tourist Railway Board requested by letter dated 25 October 2012 that the Minister for Planning utilise his powers under section 20(4) of the Act with respect to Amendment C127 to the Yarra Ranges Planning Scheme.
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 C127 to the Yarra Ranges
Planning Scheme.
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. The Emerald Tourist Railway Board is currently developing a strategic vision for the
Railway to reflect Puffing Billy’s status as an iconic tourism asset for the Victorian community. This vision has been supported by the Victorian Government commitment to provide $4.4 million funding for Puffing Billy to upgrade priority railway infrastructure and enhance rail safety over the next four years.
6. The strategic vision is being developed via a masterplan process and will require further consultation with the community, relevant councils and other key stakeholders before it can be incorporated within the relevant planning schemes of Cardinia and
Yarra Ranges.

7. The Board supported a recent amendment to the Cardinia Planning Scheme to specify the type of development undertaken by the Emerald Tourist Railway Board that requires a planning permit. The intention is to apply similar provisions within the
Yarra Ranges Planning Scheme to remove any ambiguity in the interpretation of the provisions. This will enable urgent work associated with the normal operations of the
Railway to proceed without undue delay while also allowing council to consider any proposals that may potentially have significant community and environmental impacts.
BENEFITS OF EXEMPTION
8. The amendment removes ambiguity about the interpretation of the schedule to
Clause 53.01 in relation to the type of work that is considered to be part of the normal operations of Puffing Billy and hence exempt from the need for a planning permit.
This will reduce regulatory burden for the responsible authority.
9. The amendment will enable work associated with the normal operations of the Puffing
Billy Railway to proceed without undue delay.
EFFECTS OF EXEMPTION ON THIRD PARTIES
10. The effect of the exemption will be that third parties will not be able to lodge a submission or be heard at an independent Panel with respect to Amendment C127.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
11. The interpretation of the schedule to Clause 53.01 with respect to the planning permit requirements for Puffing Billy has caused uncertainty for the Emerald Tourist Railway
Board in progressing work associated with the day-to-day operations of the railway, including storage buildings for rolling stock. This has highlighted the need to clarify the provisions to enable works to be undertaken without undue delay.
12. The effects of exempting third parties from commenting on C127 will be addressed through the progression of a comprehensive development framework for the Railway corridor through the preparation of a masterplan. The masterplan (currently in draft form) has included, and will continue to include, engagement with the community to seek the views of interested parties and will require a planning scheme amendment to incorporate the findings into the Yarra Ranges Planning Scheme.
13. 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 Planning and Environment Act 1987 and the regulations in respect of
Amendment C127 to the Yarra Ranges 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 Planning and Environment Act 1987 .
15. 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 will give greater certainty to decision makers, the community and the Emerald Tourist Railway Board in determining the types of development associated with the Puffing Billy Railway that require a planning permit.

The views of the community will be able to be heard through the preparation of the masterplan and subsequent planning scheme amendment process.
Signed by the Delegate
JANE MONK
Director
Planning Statutory Services
Date: 17 April 2013