Decisions about land use and development can impact human health and the environment.
As an independent statutory authority under the Environment Protection Act 2017, our role is to prevent and reduce harm from pollution and waste. As part of this role, we support the decision-making of planning and responsible authorities.
Planning authorities include:
- Ministers
- councils
- any other authority made a planning authority under the Planning and Environment Act 1987.
A planning authority prepares or reviews planning schemes and scheme amendments.
A responsible authority administers and enforces the planning scheme – for example, by issuing and enforcing planning permits. A responsible authority is usually a local council.
To support the planning process, we:
- identify risks of harm to human health and the environment from proposed land uses and activities
- provide technical advice to help applicants understand and manage risk
- provide advice on the duties and obligations under the Environment Protection Act.
Our role in strategic planning
Strategic planning processes include planning scheme reviews and amendments.
We advise planning authorities:
- under Ministerial Direction 19: Amendments that may result in impacts on the environment, amenity and human health
- when a planning scheme amendment proposes a buffer area overlay.
We also support planning authorities to meet their responsibilities under Ministerial Direction 1: Potentially contaminated land.
Ministerial Direction 19
Under Ministerial Direction 19, planning authorities must get our advice where the potential use or development of land could significantly impact the environment, amenity and human health from pollution and waste. This applies when:
- reviewing planning schemes
- preparing planning scheme amendments
- preparing strategies, policies, plans or reviews that underpin the review or amendment.
We advise on:
- proposed planning scheme amendments, such as rezoning and applying environmental audit overlays
- whole-of-scheme reviews and policy updates
- council strategic plans, visionary documents, structure plans, area framework and master plans
- buffer area overlay application and delineation
- infrastructure planning and environment effects statements
- precinct structure plans and regional growth plans.
After seeking our advice, planning authorities must give the Minister for Planning:
- our views, including any supporting information and reports
- an explanation of how the proposed amendment to the planning scheme addresses any issues or matters raised by us.
To find out how to prepare a strategic planning request, visit Planning requests and referrals.
Planning amendments that apply the buffer areas overlay
Responsible authorities must seek and provide our views:
- with any proposed amendment that seeks to apply the buffer area overlay, and
- where we are the relevant authority.
The buffer area overlay can apply to areas where there are potential offsite impacts from industry, warehouses, infrastructure or other land uses. It can be used to stop incompatible land use and development.
For more information, refer to Planning Victoria's Planning Practice Note 92: Managing buffers for land use compatibility.
Ministerial Direction 1 and potentially contaminated land
We may be involved when a planning scheme amendment includes land that triggers Ministerial Direction 1 because it's potentially contaminated land.
We can support the planning authority to be satisfied that potentially contaminated land is suitable for its intended use. Planning authorities can refer any application where there’s a risk to human health or the environment from the effects of pollution and waste. For more information about how a planning authority can request our support, visit Planning requests and referrals.
Our role in statutory planning
Statutory planning is the assessment of:
- planning permit applications for new development proposals
- changes to land use activities under the Planning and Environment Act 1987.
This generally involves proposed land use or development of land.
Responsible authorities refer planning permit applications to us to:
- assess the risks to human health and the environment associated with the application
- provide advice to help the planning authority make their decision.
Our statutory planning advice aims to:
- prevent incompatible land uses, such as industrial and sensitive land uses
- support better site management through risk assessment and mitigation strategies
- provide siting and design options for better environmental outcomes – for example, protecting our waterways through stormwater management and secondary containment measures
- reduce the impact of industrial and commercial activities on surrounding areas, including noise, odour, and air emissions.
Planning permit applications referred to us
Under the Planning and Environment Act 1987, there are certain types of planning applications that must be referred to us.
Some land uses have a greater potential risk of harm to human health and the environment. Responsible authorities should consider notifying us about applications involving these land uses. We provide our advice if we think the risks to human health and the environment are significant. Visit Specific land uses in planning for more information.
Visit Planning requests and referrals to learn when and how an application is referred to us.
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