REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
STRATHBOGIE PLANNING SCHEME AMENDMENT C41
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. Goulburn Valley Water (GVW), in a letter dated 9 April 2013, requested the Minister
for Planning to intervene under section 20(4) of the Planning and Environment Act
1987 (the Act) to amend the Strathbogie 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 Planning and Environment Act 1987 and the regulations in respect to
Amendment C41 to the Strathbogie 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 Nine Mile Creek Reservoir is recognised as a key watercourse serving the
Longwood district. It is a key component of the natural resource base of Strathbogie
Shire as a water source.
6. The reservoir is a 27 megalitre water storage facility constructed over 50 years ago.
7. As part of GVWs annual dam inspection program in 2005, the Reservoir was
identified as being in poor condition with excessive seepage and embankment
instability.
8. GVW seeks to undertake restoration works for the ongoing maintenance of the
reservoir to ensure water security for the Longwood region.
9. To facilitate theses works GVW has requested that the Strathbogie Planning Scheme
be amended to apply the Public Acquisition Overlay over part of the land at 142
Longwood-Gobur Road, Longwood East. The amendment will also introduce a sitespecific provision under Clause 52.06 to enable the embankment upgrading works to
be undertaken.
10. The land to be acquired by GVW has historically been used and managed as part of
the reservoir. The single landowner involved supports the Amendment as proposed
by GVW.
BENEFITS OF EXEMPTION
11. The main benefit of the exemption is that it will enable a prompt decision on the
adoption and approval of the amendment and the prompt commencement of works
12. The amendment is consistent with the State Planning Policy Framework, particularly
Clause 14.02-1 Catchment planning and management which seeks to ‘assist the
protection and, where possible, restoration of catchments, waterways, water bodies,
groundwater, and the marine environment.’ A key relevant strategy is ‘Protect water
catchments and water supply facilities to ensure the continued availability of clean,
high-quality drinking water.’
13. The application of the Public Acquisition Overlay will allow for land to be set aside for
the ongoing operational and access requirements of GVW to manage the reservoir to
ensure the ongoing provision of a sustainable public utility.
14. The amendment is appropriate to ensure the ongoing protection and provision of a
water source for the Longwood region. The current embankment instability at Nine
Mile Creek Reservoir presents a threat to the delivery of a reliable water supply to the
Longwood district.
EFFECTS OF EXEMPTION ON THIRD PARTIES
15. The effect of the exemption will be that third parties will not have the opportunity to
make a submission to the planning authority on the amendment or for submissions to
be considered by an independent panel.
16. The land to be acquired is privately owned. The owner of the land supports the land
acquisition and payment of compensation in accordance with the Land Acquisition
and Compensation Act 1996.
17. GVW has provided written confirmation that it will provide compensation in
accordance with the Land Acquisition and Compensation Act 1996.
18. On 26 March 2013, the Strathbogie Shire Council Planning Committee Meeting
adopted the recommendation that, ‘Council provide Goulburn Valley Water with
written consent for Planning Scheme Amendment numbered C41, to be approved by
the Minister for Planning under section 20(4) of the Planning and Environment Act,
1987.’
19. The Department of Environment and Primary Industries (DEPI) has been consulted
on the removal of native vegetation to facilitate the works to the reservoir
embankment.
20. Currently planning approval is required for the use and development of a ‘utility
installation’ in the Farming Zone, as well as for the removal of Native Vegetation
pursuant to Clause 52.17 Native Vegetation of the Strathbogie Planning Scheme.
21. The effect of the amendment is that a planning permit is not required for the use of
the land to be acquired for a utility installation and where vegetation removal is
required this will be offset in accordance with an agreed Offset Management Plan.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
22. The amendment is of benefit to the local community as it will enable maintenance
and protection of the Nine Mile Creek Reservoir water supply serving the Longwood
district.
23. The benefit of immediately introducing the amendment will be that it will allow
Goulburn Valley Region Water Corporation to undertake reservoir restoration works
to rectify excessive seepage and embankment instability.
24. The land to be acquired is privately owned. The landowner has provided written
support for the amendment. The amendment will not effect any other third party.
25. Additionally, where vegetation removal is required, this will be offset in accordance
with an Offset Management Plan agreed with DEPI.
26. 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
27. 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 C41 to the Strathbogie Planning Scheme.
REASONS FOR INTERVENTION
28. 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.
29. 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 single affected landowner and the Strathbogie Shire Council support the
amendment. Consequently the views of potentially affected third parties are
known and have been considered through the amendment process.
The interests of Victoria or any part of Victoria make such an exemption appropriate.
because:

It will enable a prompt decision on the adoption and approval of the amendment
which in turn will enable the prompt commencement of works.
Signed by the Delegate
Jane Monk
Director
Planning Statutory Services
Date: 19 June 2013