First Proclamation of Changes under the Planning Amendment (Better Decisions Made Faster) Act 2026

On 2 June 2026 the Governor of Victoria, Professor the Honourable Margaret Gardner AC, proclaimed the commencement of first set of key changes to the Planning and Environment Act 1987 (Primary Act) arising from the Planning Amendment (Better Decisions Made Faster) Act 2026 (Amending Act) that was assented earlier this year.

The changes amending the Primary Act outline in the Amending Act that came into effect today (3 June 2026) include:

• Updates to the Distinctive Areas and Landscapes provisions.
• Changes to the compensation provisions.
• New requirements for the Minister to give notice of VC amendments.
• Changes to how Infrastructure Contributions Plans can be administered.
• Changes to how Growth Area Infrastructure Contributions can be administered (except section 223 of Amending Act).
• Inclusion of the new definitions.
  

This set of changes is considered largely administrative in nature and works to clarify provisions. It is considered that these changes are unlikely have any significant impacts on day-to-day planning decisions, but if you have any queries about how they may impact you, we can assist with more information.

The proclamation also included the commencement date of 3 August 2026 for the changes to compliance and enforcement in Part 7 of the Amending Act, except for section 189. These changes will have greater impact for Councils and those involved in the planning enforcement space, with the key changes including:

• Increase in the time limit for the commencement of proceedings for offences under section 126 of the Primary Act extending from 12 months to 24 months.
• Increase in penalties for offences under the Primary Act (see image below outlining the changes).
• Introduction of new powers of entry for authorised officers to investigate matters if the authorised officer “reasonably believes that permanent and irreversible damage or material harm to the environment in contravention of the planning scheme is occurring, is about to occur or has occurred and entry is required to obtain evidence of damage, harm or contravention”.
• New offence against a person “knowingly or recklessly” making a false or misleading statement or providing false or misleading information to a person or body carrying out a function or power under the Primary Act. The penalty is 240 penalty units or 2 years imprisonment (or both).

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