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6. Planning permit administration and enforcement

This section describes the role of the responsible authority in administering and enforcing wind energy facility permit conditions.

6.1 Administration of planning permits

Section 13(a) of the P&E Act has the effect that the responsible authority for the administration of the planning scheme is the local council unless the planning scheme specifies another person as the responsible authority for those purposes.

Clause 72.01-1 of the VPP specifies that the Minister for Planning is the responsible authority for considering and determining planning permit applications for the use and development of land for a:

  • energy generation facility, which includes a wind energy facility with an installed capacity of 1 megawatt or greater, and
  • utility installation used to:
    • transmit or distribute electricity
    • store electricity if the installed capacity is 1 megawatt or greater.

Clause 72.01-1 specifies that the Minister is the responsible authority for the endorsement of, approval of or being satisfied with matters required by a permit or the scheme to be endorsed, approved or done to the satisfaction of the responsible authority, in relation to the use and development of land for an energy generation facility (including a wind energy facility) with an installed capacity of 1 megawatt or greater and a utility installation used to:

  • transmit or distribute electricity
  • store electricity if the installed capacity is 1 megawatt or greater.
    Clause 72.01-1 also specifies a number of circumstances where the council is the responsible authority in relation to older permits.

6.2 Planning permit conditions

Planning permit conditions must be consistent with provisions set out in clause 52.32 of the VPP and should be generally consistent with these guidelines. Model planning permit conditions for wind energy facilities are available on the wind energy facility page.
The document, Using Victoria's Planning System, provides more information on planning permits and conditions.

6.3 Enforcement of planning scheme and planning permits

Section 13(a) of the P&E Act specifies that the responsible authority for the enforcement of the planning scheme is the local council, unless the planning scheme specifies another person as the responsibility authority for that purpose.
Therefore, the local council is the responsible authority for the enforcement of wind energy facility permits issued under Part 4, Division 1 of the P&E Act, and most permits issued under Part 4, Division 6 of the P&E Act.

Page last updated: 01/07/24