These powers are commonly referred to as powers of intervention, because they enable the Minister to take over responsibility for certain matters from another authority or decision maker, including by:
amending a planning scheme
advancing the processing of an amendment to a planning scheme
calling in a permit application from council
calling in a matter before the Victorian Civil and Administrative Tribunal (Tribunal).
Minister’s powers
The Minister’s powers of intervention are summarised below:
Ministerial interventions under the Planning and Environment Act 1987
Summary of the Minister’s power
Exempt himself or herself from any of the requirements of sections 17, 18, 19 and the regulations in respect of an amendment which the Minister prepares.
Circumstances in which the power may be used
If the Minister considers that:
compliance with any of those requirements is not warranted; or
the interests of Victoria or any part of Victoria make such an exemption appropriate.
When can a request be made?
At the same time that the Minister is requested to prepare an amendment.
Summary of the Minister’s power
Call in an application for permit before a responsible authority makes a decision.
Circumstances in which the power may be used
If it appears to the Minister that:
the application raises a major issue of policy and that the determination of the application may have a substantial effect on the achievement or development of planning objectives
the decision on the application has been unreasonably delayed to the disadvantage of the applicant
the use or development to which the application relates is also required to be considered by the Minister under another Act or regulation and that consideration would be facilitated by the referral of the application to the Minister.
When can a request be made?
After the application is made and before the application is decided by the responsible authority.
Summary of the Minister’s power
Agree to a request by a responsible authority to decide an application for a permit.
Circumstances in which the power may be used
None specified
When can a request be made?
After the application is made and before the application is decided by the responsible authority.
Summary of the Minister’s power
Expedite a planning scheme amendment.
Circumstances in which the power may be used
None specified
When can a request be made?
At any time after the planning authority is authorised by the Minister to prepare the amendment (refer to Ministerial Direction 15 for the times to complete steps in the amendment process).
Ministerial interventions under the Heritage Act 2017
Summary of the Minister’s power
Call in a recommendation of the Heritage Council that a place or object should or should not be included in the Heritage Register.
Circumstances in which the power may be used
None specified
When can a request be made?
At any time after notice of a recommendation is published under section 41 of the Act and before the decision of the Heritage Council under section 49 of the Act.
Summary of the Minister’s power
Call in a review from the Heritage Council.
Circumstances in which the power may be used
None specified
When can a request be made?
At any time after a request for a review has been made to the Heritage Council but before the review is determined.
Summary of the Minister’s power
Refer a Heritage Council review to the Tribunal for determination.
Circumstances in which the power may be used
If in the Minister's opinion the determination of the review may have a significant effect on the achievement or development of planning and heritage objectives.
When can a request be made?
At any time after a request for a review has been made to the Heritage Council but before the review is determined.
Ministerial interventions under the Victorian Civil and Administrative Tribunal Act 1998
Summary of the Minister’s power
Intervene in a proceeding under a planning enactment.
Circumstances in which the power may be used
If the Minister considers that:
the proceeding raises a major issue of policy
in the case of a review brought under the Planning and Environment Act 1987, the determination of the review may have a substantial effect on the future planning of the area in which the land the subject of the review is situated.
When can a request be made?
At any time in a proceeding, including after the Tribunal has heard the proceeding, but before the Tribunal has delivered its final determination in the proceeding.
Summary of the Minister’s power
Call in a proceeding for review of a decision under the Planning and Environment Act 1987.
Circumstances in which the power may be used
If the Minister considers that:
the proceeding raises a major issue of policy
the determination of the proceeding may have a substantial effect on the achievement or development of planning objectives.
When can a request be made?
After an application for review has been made and:
before the final determination of the proceeding
no later than 7 days before the day fixed for the hearing of the proceeding.
Summary of the Minister’s power
Call in a proceeding for review of a decision under a planning enactment other than the Planning and Environment Act 1987.
Circumstances in which the power may be used
If the Minister considers that the proceeding raises a major issue of policy.
When can a request be made?
After an application for review has been made and:
before the final determination of the proceeding
no later than 7 days before the day fixed for the hearing of the proceeding.
It is at the Minister’s discretion as to when they will use their intervention powers, except where a provision of the relevant Act specifies the circumstances in which the Minister may use the power (as set out above). The Minister publishes reasons explaining each intervention. See below for recent interventions.
Planning authority or proponent requests for intervention
Where a person other than the Minister proposes an intervention, a written request must be made to the Minister. The request should:
be made within the time that the Minister may use the power (refer to the above tables)
allow the Minister sufficient time to consider the request, having regard to when the legislation specifies the power may be used.
Information to accompany a request for intervention
A request to the Minister should include appropriate evidence and information to justify the request, including an explanation of:
the power the Minister is being asked to use
the reasons why the request is being made
if the relevant legislation specifies circumstances in which the Minister may use the power - how and why those circumstances apply
why the normal planning or heritage process should not be followed, including any evidence to support the reasons given
the type, extent and outcome of any consultation with the relevant municipal council, any affected government department, authority or person (including the owners and occupiers of land affected by the amendment)
what consultation, if any, has occurred with the Department of Transport and Planning
if the request relates to a proposed planning scheme amendment
the effect of the proposed amendment
details of how the proposal has previously been dealt with by the municipal council.
In addition to the above:
if the request relates to a planning permit application - the request should include a complete copy of the application (as made to the responsible authority) and describe how the application has been processed by the responsible authority
in the case of a request for the Minister to prepare an amendment to a planning scheme - the request should include the prescribed fee.
Consult the Department first
Municipal councils, government departments, authorities and other persons should first consult the Planning Group or Heritage Victoria (as appropriate) within the Department of Transport and Planning before submitting a written request to the Minister.
A copy of the reasons for the intervention can be obtained from the relevant amendment record included in the list of amendments shown with each local planning scheme.
