Changes to the Gaming Provisions in Planning Schemes

Local Government Planners’ Forum

Friday, 17 November 2006

The Victoria Planning Provisions (VPP) and all Victorian planning schemes were amended by VC39 on 18 October 2006 to make changes to the gaming provisions. This presentation explains the changes.

Historical Summary

The Gaming Provisions in Planning Schemes

• 1991 State policy to facilitate gaming machines as an ancillary component of a hotel or licensed club.Provisions in planning schemes:

• permitted gaming machines in no more than 25% of floor area of a hotel or licensed club, and

• required a permit if the area exceeded 25%

• 1997 & 1998 Councils nominated in planning schemes where gaming machines would be prohibited in:

• strip shopping centres

• and shopping complexes

• 1998 & 2003 Liquor Control Reform Act 1998 Gambling Regulation Act 2003= Clause 52.28 became outdated

What has changed?

Amendment VC39

• Planning scheme Clauses 19, 52.28 and 72 have been amended

• THE KEY CHANGE is that a planning permit is now required for all gaming machines. Previous as-of-right provisions for gaming machines no longer apply (i.e. the so-called ‘25% rule’ in Clause 52.28 has been repealed)

• The operation of the gaming provisions has also been made consistent with the Gambling Regulation Act 2003 and the Liquor Control Reform Act 1998

• The gaming provisions in the VPP and planning schemes have also been generally simplified

What has changed?

Amendment VC39 – details of changes

• Clause 19.02 was deleted as the content is redundant due to changed gaming legislation

• A new purpose is introduced as Clause 52.28-1 to more clearly set out the intent behind the gaming provisions in the VPP

• The Gambling Regulation Act 2003, no longer provides for a delineation of areas. Reference to “restricted area” and “unrestricted area” have been correspondingly deleted from the VPP

What has changed?

Amendment VC39 – details of changes

• The Clause 72 general terms:• Approved venue• Restricted area• Unrestricted area• Venue operatorare deleted making the VPP consistent with the current Gambling Regulation Act 2003 and the Liquor Reform Act 1998

• The Clause 72 general term, ‘Gaming machine’, has been amended to correspond with the definition in the Gambling Regulation Act 2003

“Has the same meaning as it has in the Gambling Regulation Act 2003.”

What has changed?

Amendment VC39 – details of changes

• The definitions of ‘club’ and ‘hotel’ specified in the former Clause 52.28-7 are deleted.

• The ‘strip shopping centre’ meaning has been maintained in Clause 52.28-4 as part of the strip shopping centre provisions

What has changed?

Amendment VC39 – other changes

• The detailed provisions in relation to existing hotel and club premises in former Clauses 52.28-2 and 52.28-6 have been removed

• Decision guidelines have been introduced in Clause 52.28-6 to support the new purpose set out in Clause 52.28-1

How will the new gaming provisions operate?

Permit Requirement

• previously approved under the Gambling Regulation Act 2003 (Clause 52.28-2)

or

• Clause 52.28-3 or 52.28-4 entirely prohibit a gaming machine

A permit is required for all gaming machines

unless:

How will the new gaming provisions operate?

Shopping Complexes

• Gaming machines remain prohibited in shopping complexes specified in the schedule to Clause 52.28-3, (former Clause 52.28-5)

• Previously approved machines under the Gambling Regulation Act 2003 are allowed through an exemption

How will the new gaming provisions operate?

Strip Shopping Centres

• Gaming machines remain prohibited in strip shopping centres specified in the schedule to Clause 52.28-4, (former Clause 52.28-6)

• The exemptions for hotels and clubs in strip shopping centres that existed on 19 December 1997 no longer apply

• A new exemption applies that allows gaming machines previously approved under the Gambling Regulation Act 2003

• The schedule to Clause 52.28-4 in a planning scheme can be amended to remove or add all or part of a strip shopping centre in which a gaming machine is prohibited

Transitional Provision

• applications to the Victorian Commission for Gambling Regulation (VCGR) for approval of premises for gaming, or variation of approval of premises for gaming; and

• requests to the VCGR to amend a venue operator’s licence to vary the number of permitted gaming machines for an approved venue

Former gaming provisions apply to applications lodged before 18 October 2006 for:

The transitional provision only applies if a permit was not previously required for the gaming machine in the application or request, (i.e. it only applies to as-of-right gaming machines under the former ‘less than 25% rule’)

Amendment doc’s & Explanatory ReportPlanning Scheme Amendments online – via www.dse.vic.gov.au

go to: Online services – Planning Scheme Amendments, search

under ‘V’

Advisory NoteChanges to the gaming provisions in planning schemes (DSE,

October 2006)

DSE’s website www.dse.vic.gov.au

go to: Planning - latest news and information

On-line Information

Further Information