Ministerial Direction 19 (MD19) came into effect on 18 October 2018. It requires planning authorities to seek early advice from EPA when undertaking strategic planning processes and preparing planning scheme amendments that may significantly impact Victoria’s environment, amenity and/or human health due to pollution and waste. The explanatory report for an amendment must include a statement of how the proposed amendment addresses the views of EPA.
The Ministerial Requirement for information is issued under section 12(1)(f) of the Planning and Environment Act 1987 (P&E Act). It requires planning authorities to give the Minister for Planning the following information when applying for authorisation to prepare an amendment under sections 8A or 8B of the P&E Act, or preparing an amendment under section 9 of the P&E Act:
- the written views of EPA, including any supporting information and reports
- a written explanation of how the proposed amendment addresses any issues or matters raised by EPA.
We have reviewed and improved our internal processes to ensure that we can provide planning advice in a timely and effective manner. We will continue to monitor and review these processes in order to keep up with needs and expectations of planning authorities.
Please note that MD19 does not apply to:
- the class of amendment prescribed in regulation 8 of the Planning and Environment Regulations 2015
- an amendment to the Victoria Planning Provisions
- an amendment to a planning scheme that is made as a result of an amendment to the Victoria Planning Provisions.
Do the requirements of Ministerial Direction 19 apply to planning scheme amendments that have been authorised but not yet approved by the Minister?
No, it is a general rule that the law which exists at the time a decision is made should be applied. While an amendment that has been authorised but not yet approved by the Minister may not formally require the views of EPA, we would still encourage planning and responsible authorities to seek our advice on strategic planning matters.
For more information about the Victorian planning system, see www.planning.vic.gov.au.
This page was copied from EPA's old website. It was last updated on 26 June 2019.
Reviewed 16 September 2020