The first tranche of provisions of the Planning Amendment (Better Decisions Made Faster) Act 2026 proclaimed. What are they and what are the impacts?

The first tranche of provisions of the Planning Amendment (Better Decisions Made Faster) Act 2026 proclaimed. What are they and what are the impacts?

On 2 June 2026 the Governor in Council proclaimed the first tranche of provisions from the Planning Amendment (Better Decisions Made Faster) Act 2026 (the BDMF Act) to commence.

The proclamation fixes two commencement dates, being:

3 June 2026 for a group of provisions pertaining to infrastructure contributions, growth area infrastructure contributions (GAIC), compensation provisions and the distinctive areas and landscape provisions; and

3 August 2026 for the BDMF Act’s compliance and enforcement reforms in Part 7.

Those provisions commencing on 3 June 2026 are Parts 9 and 10 of the BDMF Act (except section 223) and sections 7(1), 10, 65, 68(3), 71, 72 and 203. Specifically, these provisions relate to:

1. Infrastructure contributions (Part 9, except section 223)

The majority of the Act’s infrastructure contribution reforms cover both infrastructure contributions plans (ICPs) and the growth areas infrastructure contribution (GAIC). Of note, the reforms provide an ability for ICP funds to be applied to works (and, in some cases, land) outside the relevant ICP area, where such works are considered essential to development. In addition, GAIC funds can be applied to infrastructure serving a growth area even if collected elsewhere.

Section 223 (imposition of the GAIC) is held back from this tranche.

2. Transitional provisions (Part 10)

New transitional provisions are inserted into the PE Act to bridge the existing and reformed regimes as the balance of the Act is rolled out.

3. Definitions (section 7)

A new definition of “exempt VPP amendment” is inserted, together with new section 4K (section 10 of the BDMF Act), allowing the Minister to determine that a VPP amendment is exempt where it is technical or administrative, or relates to a risk that should be implemented without delay; affected councils must otherwise receive at least 30 days’ notice if an amendment.

4. Distinctive areas and landscapes (sections 65, 68(3), 71 and 72)

Provisions on the development and amendment of a Statement of Planning Policy for a declared area, and on protected settlement boundary amendments and their ratification, commence.

5. Interest on compensation (section 203)

The provision dealing with interest on compensation for land reserved for public purposes commences.

Perhaps the most significant of the provisions proclaimed to commence are those at Part 7 of the BDMF Act, which relate to compliance and enforcement. As of 3 August 2026, all provisions in Part 7, except section 189, come into operation. Among those new provisions:

6. New sections 126A and 126B create offences for knowingly or recklessly making a false or misleading statement, or providing false or misleading information or a document known to be misleading, to a person or body carrying out a function under the Act, the regulations or a planning scheme. The penalty is up to 240 penalty units (circa $48,800) or 2 years’ imprisonment or both, and officers of a corporation may also be liable.

7. Maximum penalties for offences increase markedly (section 179 of the BDMF Act), with separate and higher maximum penalties for bodies corporate, new terms of imprisonment for certain offences, escalating daily penalties for continuing offences, and a new civil penalty pathway under which a court may make a contravention order:

Measure	Natural person	Body corporate
Maximum penalty (certain serious offences)	Up to 1,200 penalty units (~$244,000), plus up to 10 years’ imprisonment for certain offences	Up to 6,000 penalty units (~$1.22 million)
Continuing offences (per day)	120 penalty units/day (~$24,400)	600 penalty units/day (~$122,000)
Civil penalty (contravention order, on the balance of probabilities)	Up to 2,000 penalty units (~$407,000)	Up to 10,000 penalty units (~$2.04 million)
False or misleading information (new ss 126A–126B)	Up to 240 penalty units (~$48,800) or 2 years’ imprisonment or both	Officers of the body corporate may also be liable

8. Variation to the time limit for filing charges (section 181 of the BDMF Act) is extended to 24 months instead of 12 months, which existed under the previous legislative regime.

9. The ability for Courts to make a suite of expanded orders against persons found guilty of an offence (section 182 of the BMDF Act), including:

(a) Adverse publicity orders (section 132C of the PE Act) — requiring an offender to publicise the offence and its consequences.

(b) Commercial benefit orders (section 132D of the PE Act) — requiring payment of up to three times the value of the commercial benefit obtained by the offender (or an associate) from the offence.

(c) Supervisory intervention orders (section 132E of the PE Act) — requiring a “persistent or systematic” offender, at its own cost and for up to one year, to take steps such as staff training or supervision, to implement compliance systems or practices, or to provide compliance reports. Contravention of such an order attracts severe penalties (up to 1,200 penalty units or 10 years’ imprisonment for natural persons, and up to 6,000 penalty units for bodies corporate) (section 132F of the PE Act).

(d) Industry exclusion orders (section 132G of the PE Act) — prohibiting a “persistent or systematic” offender, for a specified period, from being involved in commercial land development, and from acting as a director, secretary or officer of a body corporate involved in the industry. Again, it is an offence to beach such an order (section 132H of the PE Act).

(e) Contravention orders (civil penalty) (section 132J of the PE Act). Such an order requires a court to be satisfied that an offender has contravened the civil penalty provision on the balance of probabilities. Specifically, section 132I provides that section 126(1) of the PE Act (i.e. the general offence provision) is a civil penalty provision for the purpose of the civil penalties at section 132I and J. Penalties are more significant that the general penalty provisions. Section 132M provides that it is not open to a Court to make a finding regarding a civil penalty provision if criminal proceedings have been instituted and a person found guilty of such an offence.

10. Authorised officers gain strengthened investigation powers (Section 184 of the BDMF Act), including powers to enter land (in certain circumstances with a “person assisting”, such as an expert) and a power to request contact details. It will be an offence to hinder or obstruct an authorised officer.

11. Finally, The Act introduces additional criminal liability in respect of newly created offences for officers of a body corporate who fail to exercise due diligence to prevent the body corporate’s contravention (section 180 of the BDMF Act). This section expands the existing section 128 of the PE Act.

Best Hooper is an industry leader in all areas of planning, property and development in Victoria with a deep understanding of these legislative changes and the flow on impacts to greenfield development and planning compliance and enforcement matters. If you would like to discuss these changes and their impact, please do not hesitate to be in contact with a member of our Planning Team.