Amendment C312morn – Highly susceptible landslide areas

Amendment C312morn applied a new Erosion Management Overlay – Schedule 7 (EMO7) to all land on the Peninsula that is highly susceptible to landslides, but not already covered by an existing Erosion Management Overlay (EMO). The amendment ensures that new development in these areas is safe. It implemented a recommendation of the Board of Inquiry into the McCrae landslide and a request from the Minister for Planning for Council to urgently introduce an interim EMO.

Landslide risks pose a serious and ongoing threat to our environment, property and the community’s safety. Even a small landslide can cause injury or death and significant property damage. We must carefully plan for and manage these highly susceptible areas to make sure new development, vegetation removal and changes in drainage do not increase landslide risks.

On 18 November 2025, Council asked the Victorian Planning Minister to urgently prepare and approve Planning Scheme Amendment C312morn as a Ministerial amendment under section 20(4) of the Planning and Environment Act 1987.

The Minister for Planning approved the amendment, and it took effect on 6 January 2026 when notice of approval was published in the Government Gazette.

The new EMO7 will apply on a temporary basis, until a revised set of permanent EMOs is introduced after a comprehensive Shire-wide review of landslide susceptibility data and mapping (also known as Stage 3 of Council’s review and update of EMOs on the Peninsula). This process is likely to take 2 to 4 years.

Importantly, in many cases:

Only a small part of a property is covered by EMO7. This means development can occur in the usual way on the rest of the site not covered by EMO7 (subject to any other relevant planning controls that apply to the land).
If a planning permit is required, an application will likely need to include a report from a geotechnical expert explaining how the proposed development will be safe from landslide risk. However, Council can vary or lessen the requirements if they are not relevant to the assessment of an application.

What land is affected by the amendment?

The amendment affects all land on the Mornington Peninsula that is identified as highly susceptible to landslides in a report prepared for Council called the Landslide Susceptibility Assessment, Stage 2, Mornington Peninsula Shire, Victoria (Cardno Lane Piper, 2012) except for land which is affected by an existing EMO.

The amendment affects about 33,000 properties, including about 27,000 residential properties. This equates to about 6% of all Shire land.

You can check to see if your property is affected using the EMO7 mapping tool:

mornpen.vic.gov.au/EMOmap

You can either click on a property on the map, or search for an address in the search bar by clicking on the magnifying glass icon in the top left-hand corner of the page. This will zoom to the property and display any existing EMO and/or the new EMO7, along with links to documents

Why was the amendment needed?

Introducing an EMO to all areas identified as highly susceptible to landslide was recommended by the recent Board of Inquiry into the McCrae landslide (BOI). The Victorian Minister for Planning also asked Council to urgently prepare a planning scheme amendment to introduce a new EMO in accordance with the BOI's recommendations.

Landslides represent a significant and persistent risk to our environment, property and public safety. Even a small landslide can cause serious injury or death and significant property damage.

Many areas of the Mornington Peninsula Shire are susceptible to landslides. Steeper sloping land is generally more susceptible, however, landslides can occur on land that is not steep because there are many factors that can influence the possibility of a landslide occurring.

We must carefully plan for and manage development in these areas to make sure that construction, vegetation removal and any changes to water-runoff and drainage do not increase landslide risks.

The new EMO7 schedule will help ensure that new buildings and works do not create an unacceptable risk to life or property. This means properly identifying, assessing, and mitigating landslide risks through the planning permit process.

Under the EMO7, a planning permit is required for most types of buildings and works, including vegetation removal. Most applications will need to be accompanied by a Landslide Risk Assessment (LRA) prepared by a suitably qualified and experienced geotechnical expert explaining how a proposed development will be safe from and not contribute to landslides.

There are some exemptions for minor buildings and works.

Where can I see the amendment documents?

You can download copies of all the amendment documents from the state government website for the amendment. This includes all the approved planning scheme maps. The amendment documents (not including maps) can also be found in the document library to this webpage.

You can also read more about the amendment in the 17 November 2025 Council meeting minutes.

When did Council decide to do this and where can I find more information about this decision?

Council decided to ask the Minister for Planning to urgently introduce the EMO7 through Planning Scheme Amendment C312morn at its meeting on 17 November this year. You can read the agenda and minutes of this meeting, which explain Council’s decision, on our website: mornpen.vic.gov.au/councilagendas.

What happens next?

The Minister for Planning approved C312morn, and it took effect on 6 January 2026. EMO7 is now formally included in the planning scheme.

Council will consider another planning scheme amendment to implement Stage 2 of our update to our landslide planning controls in mid -2026.

Why couldn’t I make a submission about the amendment before it was approved

The Minister for Planning used special powers available to her under the Planning and Environment Act 1987 to prepare and approve the amendment without the usual public exhibition process, because there was an urgent need to apply the EMO to landslide-susceptible areas to ensure landslide risk can be appropriately managed under the planning scheme. Urgently applying the EMO without a public exhibition process was a key recommendation from the Board of Inquiry into the McCrae Landslide.

You will have the opportunity to make a submission on new permanent Erosion Management Overlays which will eventually replace the interim EMO7. Preparing the permanent EMOs will take a couple of years because they will be based on updated Shire-wide landslide susceptibility mapping. When the new permanent EMOs are out on public exhibition, we will notify landowners and other key stakeholders.

In the meantime, you can provide feedback about the Shire’s existing landslide susceptibility mapping by emailing us at erosion@mornpen.vic.gov.au. Include the relevant property address in the subject line. Your feedback will help inform Stage 3 of Council’s staged update of permanent EMOs as explained here: mornpen.vic.gov.au/landslides (under the heading ‘Applying the EMO to more areas susceptible to landslides’).

You can read more about the planning scheme amendment process here: mornpen.vic.gov.au/amendmentprocess.

Where can I get more information about landslides and landslide susceptibility?

For general information about landslides and the Mornington Peninsula, see the Shire’s dedicated webpage on landslides and landslide susceptibility.

If you have questions about landslide risks for your property, speak to a suitably qualified Geotechnical Engineer or Engineering Geologist with experience in managing slope stability problems and landslide risk.

They should be degree qualified, a member of a professional institute and be a:

Chartered Professional Engineer (CPEng), or

Registered Professional Engineer, Victoria (meaning a person who is registered under Part 2 of the Victorian Professional Engineers Registration Act 2019), or

Chartered Professional Geologist (CPGeo), or

Registered Professional Geologist (RPGeo).

I have more questions. Who can I speak to?

For questions about how EMO7 affects your property and any current or new planning permit applications, contact our Statutory Planning team by calling (03) 5950 1010 or emailing planning@mornpen.vic.gov.au. We also have a pre-application service for planning enquiries where you can book an appointment to speak to a statutory planner to discuss a specific planning permit application proposal. To make a booking, visit: mornpen.vic.gov.au/Building-Planning/Planning/Pre-Application-Service. Otherwise, you can speak to a qualified and experienced town planning consultant.
For questions about how EMO7 affects any existing or proposed building permits contact your private building surveyor
For any other general questions about Amendment C312morn or the planning scheme amendment process, contact our Strategic Planning team by calling (03) 5950 1003 or emailing strategic.admin@mornpen.vic.gov.au.

Frequently asked questions and further information

What is an Erosion Management Overlay?

An Erosion Management Overlay is a planning control that is applied to land identified as being prone to erosion, landslides and other land degradation and coastal processes. The EMO helps ensure that development manages the risk to life and property by ensuring that development and land is safe.

An EMO requires a planning permit for most buildings and works with exemptions for minor buildings and works.

You can find more information about:

erosion and landslide planning controls on the State Government’s Department of Transport and Planning website: www.planning.vic.gov.au/guides-and-resources/guides/all-guides/managing-erosion-and-landslide-risk, and

landslides and the Mornington Peninsula generally on the Shire’s dedicated webpage on landslides and landslide susceptibility.

Why has the EMO7 been applied to my property and what information is it based on?

The EMO7 has been applied to land identified as being highly susceptible to landslides in a report prepared for the Shire called the Landslide Susceptibility Assessment, Stage 2, Mornington Peninsula Shire, Victoria (Cardno Lane Piper, 2012) but not to land that is already affected by an existing EMO. You can download a copy of this report here: mornpen.vic.gov.au/landslides (under the ‘Shire-wide mapping of landslide susceptibility’ heading).

This landslide susceptibility assessment identifies areas of high, medium and low landslide susceptibility across the Peninsula:

High (red): Areas where significant landslides are possible

Medium (yellow): Areas where significant landslides are unlikely, but where creep movement or shallow slope failure is possible

Low (green): Areas unlikely to be susceptible to landslides

You can look at the landslide susceptibility mapping from the report and how it applies to your property here: mornpen.vic.gov.au/landslidemapping. Select the layers along the left-hand side of the screen shown as ‘Landslide susceptibility’ and either search for an address (in the address bar) or navigate around the mapping by zooming in and out.

This mapping is based on the best available data and is being reviewed as part of future planning scheme amendments (discussed below). Any feedback or concerns about this data will be considered through the Stage 2 and Stage 3 review of the EMO.

If you have feedback or concern about the landslide susceptibility mapping, you can email us at erosion@mornpen.vic.gov.au. Include the address of the property you are concerned about in the subject line.

There is a very small amount of proposed EMO7 on my land. Why is it there, and what is Council doing about this?

The EMO7 mapping is based on the results of the 2012 Cardno landslide susceptibility study. The study used LIDAR data to calculate the slope-angle on a 2m-by-2m grid across the entire Shire. Slope-angle was a key input in determining the grading (high, medium, or low) of landslide susceptibility.

Because the slope-angle has been calculated at such a fine-grain scale, the mapping has picked up many small, localised slopes and other man-made structures and earthworks.

We’re already working with geotechnical engineers to review the EMO7 mapping as part of our planned Stage 2 update to our landslide planning controls. If your property is affected by a small, localised area of EMO7 mapping, it’s quite possible it might be removed as part of Stage 2.

In the meantime, it’s important that we use the best-available landslide susceptibility data to inform the mapping of the proposed interim EMO7 control, to ensure that we have the proper legal and planning basis to take landslide risk into account when planning decisions are made.

If you’re thinking of carrying out construction works on your property, you won’t need a planning permit under EMO7 if the area to be developed doesn’t overlap with the proposed mapping for EMO7.

Why hasn’t someone from the Shire come to visit my property to make sure the proposed mapping is accurate? Why isn’t there a site-specific assessment for my land?

There are over 100,000 individually titled properties on the Mornington Peninsula, spread over 723 square kilometres of land (that’s nearly 179,000 acres). It wouldn’t be practical or cost-effective for the Shire to visit every site that’s proposed to be affected by EMO7.

The 2012 Cardno landslide susceptibility study uses a computer model to determine whether land is susceptible to landslides or not. It considers factors such as slope angle, geological and landslide records, and slope aspect to make this assessment. In accordance with the Australian Geomechanics Society’s Guideline for Landslide Susceptibility, Hazard and Risk Zoning for Land Use Planning (2007), using a computer model (based on slope angle from LIDAR data and other factors) is the only recommended approach for developing landslide planning controls for such a large area.

Not all land that is graded as highly susceptible is necessarily unstable. Shouldn’t the proposed EMO7 mapping be based on risk rather than susceptibility?

It’s important to note that landslide susceptibility is not the same as landslide risk.

Landslide susceptibility mapping is an assessment of where landslides have the potential to occur based on a computer model of slope stability, primarily based on slope angle. The computer model is calibrated by reviewing it against known landslides in the study area and geotechnical testing of selected locations.

Landslide risk mapping requires a more detailed assessment that includes the steps carried out for susceptibility mapping, but it also assigns a probable frequency of a landslide occurring, calculates the kinetic energy and temporal and spatial distribution of the landslide, and estimates the economic cost and potential loss of life. Landslide risk mapping cannot be carried out at the municipality-wide scale, as the cost of conducting such a detailed study across the entire Peninsula would far outweigh the benefit.

If an area has been identified as susceptible to landslides, it likely means that the slope angle is significant enough that improper development could trigger a landslide or worsen land stability in that area. Therefore, even if an area seems stable and hasn’t shown any signs of erosion or landslide, it’s still important to apply the EMO7 to such areas.

The study that the mapping is based on is from 2012. Isn’t this too old to base EMO7 on? The site conditions might have changed since then.

The underlying natural slopes across the Mornington Peninsula have gradually evolved on a geological timescale, over many millennia. Apart from where any new landslides have occurred since 2012, other changes to the natural landforms will be insignificantly small. Therefore, the 2012 mapping and assessment is still effective at identifying potential areas of slope instability and potential landslide.

However, we are aware that the 2012 mapping occurs on a fine-grain scale such that it can identify man-made developments - such as retaining walls, dams, and other developments that result in a sharp change in elevation - as susceptible to landslide. In some cases, site conditions might have changed since 2012 due to construction work on the land, and so it might not be clear why the 2012 mapping has identified some small areas that seem to be flat.

That’s why we are currently reviewing the 2012 mapping and study with the help of geotechnical engineers, including to consider the appropriateness of including man-made structures within the EMO7, as part of Stage 2 of our planned update to landslide planning controls.

When was the EMO7 applied to my land?

The EMO7 took effect when notice of the Minister’s approval of the amendment was published in the Government Gazette on 6 January 2026.

What does it mean if the EMO7 has been applied to my property?

It means you’ll most likely need to apply for a planning permit before you can construct any new buildings or carry out any works on your land, including removing trees and vegetation. Some exemptions apply for minor buildings and works.

If you apply for a planning permit to develop your land, it’s likely you will need to provide a report from a geotechnical expert explaining how the proposed new buildings or works will be safe from landslide risks and won’t create any new risks. To confirm whether it is necessary to submit geotechnical information with a planning permit application under EMO7, we encourage you to lodge a general planning enquiry or request a pre-application meeting and bring along your development plans. Alternatively, if you lodge your planning permit application without the required geotechnical information, you may be required to provide the information pursuant to section 48A or section 54 of the Planning and Environment Act 1987.

Please also note that at its meeting on 16 December 2025, Council resolved to waive (or refund) any written planning enquiry fees (General Enquiry) and planning permit application fees associated with EMO7 where there are clear EMO7 mapping anomalies and no other planning fee would otherwise apply. This applies to any application where EMO7 is the sole permit trigger and further geotechnical analysis and/or permit conditions are not required to address the underlying risk.

In some rare cases, parts of a property may be unsuitable for any development. This will depend on the level of landslide risk and the nature and design of the buildings and works.

New development may also require a planning permit under other provisions of the planning scheme which apply to your land. These provisions may include the Design and Development Overlay, Heritage Overlay, Environmental Significance Overlay or Significant Landscape Overlay. If unsure, it is best to check with the Shire’s Statutory Planning team on (03) 5950 1010.

I’m not planning to do any new development on my property. How does EMO7 affect me?

If you’re not planning to undertake any new development or works on your property (including removing vegetation), you do not need to take any action if the EMO7 is applied to your land.

The application of the EMO7 provides improved notice and information about areas that are highly susceptible to landslide. It also outlines what must be provided with any current or future planning permit application to develop land, including for buildings and works, vegetation removal or drainage changes that require a planning permit.

If you are planning to carry out any buildings or works, like earthworks or vegetation removal, you should always check if a planning permit is required. You may do this by calling the Shire’s Statutory Planning team on (03) 5950 1010 or speaking to a suitably experienced town planning consultant.

How many properties on the Peninsula are affected by the EMO7?

About 33,000 properties, including about 27,000 residential properties which is about 6% of the Shire’s land area. For the vast majority of these properties, only a portion of the land is affected by EMO7.

How many properties already have an Erosion Management Overlay and where are they?

About 2,900 properties are affected by another EMO. Six other EMOs currently apply to parts of the Peninsula:

EMO1 and EMO2 apply to hinterland areas, generally from Arthurs Seat southwards to Cape Shank and Flinders.

EMO3 applies to land around Ballar Creek in Mount Eliza.

EMO4 and EMO5 apply around Tanti Creek in Mornington and parts of Flinders.

EMO6 applies to the Westernport coastline from Somerville to Cape Shank.

How do I know if an Erosion Management Overlay already applies to my property or if the new EMO7 applies?

You can look at our EMO mapping here: mornpen.vic.gov.au/EMOmap.

You can either click on a property on the map, or search for an address in the search bar by clicking on the magnifying glass icon in the top left-hand corner of the page.

Areas where the EMO7 applies are shown in red.

Areas where an existing EMO already applies (i.e. EMO1, EMO2, EMO3, EMO4, EMO5 or EMO6) are shown in brown.

You can click on the legend in the top left-hand corner to see a copy of the EMO schedules (i.e. written planning controls).

It looks like I have multiple Erosion Management Overlays on my property. How do I know whether I’ll need a planning permit for my development and what I have to do to get a permit?

You can contact our Statutory Planning team by:

calling (03) 5950 1010

emailing planning@mornpen.vic.gov.au

We also have a pre-application service for planning enquiries where you can book an appointment to speak to a statutory planner to discuss a specific planning permit application proposal. To make a booking, visit: mornpen.vic.gov.au/Building-Planning/Planning/Pre-Application-Service.

Otherwise, you may wish to speak to a qualified and experienced town planning consultant.

Is EMO7 a permanent planning control?

No. EMO7 is an interim planning control. This means that it will be in place temporarily.

Shire officers are continuing to work with geotechnical engineers to improve and refine the mapping and ordinance of our EMOs, including EMO7, as part of Stage 2 of our planned update to landslide planning controls. Council will consider another planning scheme amendment to implement Stage 2 of our update to our landslide planning controls in mid 2026

It is likely that EMO7 will be in place for 2-4 years until new permanent EMOs can be introduced as part of Stage 3 of Council's review and update of EMOs.

Permanent EMOs will be based on a new Shire-wide study of landslide susceptibility. Undertaking this study will likely take about 2 years. Another 1-2 years years are likely needed to implement the findings of the study and update our planning scheme with new permanent EMOs based on the new study via a formal planning scheme amendment.

You can find out more about Council’s staged approach to introducing more Erosion Management Overlays here: mornpen.vic.gov.au/landslides. You can also read about the planning scheme amendment process here: mornpen.vic.gov.au/amendmentprocess.

Does EMO7 affect my property's value?

EMO7 may impact the development potential of affected properties because it requires that any proposed development is designed to minimise landslide risk to life and property to within tolerable levels.

The cost and time needed to undertake a landslide risk assessment by a suitably qualified and experienced geotechnical practitioner may impact the type and viability of future development.

However, the application of EMO7 will allow people to make informed decisions before developing or purchasing land.

How does EMO7 affect my insurance?

Most home insurance policies don’t cover landslide, unless it is triggered by a storm. Having an EMO on your property may or may not impact your insurance, including your premiums. Contact your insurance provider to understand what your insurance covers or for more information.

How will EMO7 affect my rates?

The Victorian planning systemoperatesentirely independently of the process for levying Council rates. If the EMO7 is proposed to apply to your property it will not directly affect your rates in any way.

Council's landslide mapping data shows my property has both 'high' and 'medium' susceptibility to landslides. Is the EMO likely to extend to cover ‘medium’ susceptibility areas?

If there are ‘medium’ susceptibility areas identified on your land (as shown here: mornpen.vic.gov.au/landslidemapping), and they’re not covered by an existing EMO (including EMO7), they may be covered by an EMO in future. This is because the Shire is currently working on another planning scheme amendment to refine the existing mapping of EMO7 (as implemented by planning scheme amendment C312morn) and possibly other EMOs. This next planning scheme amendment is Stage 2 of Council’s planned update to landslide planning controls. Council will consider the planning scheme amendment for Stage 2 of our update to landslide planning controls by mid 2026, after the geotechnical and planning work has been completed.

While it is expected that many small, localised areas of EMO7 may be removed from the planning scheme as part of Stage 2, some portions of ‘medium’ susceptibility may also be proposed to be included in EMO7, or another EMO, based on improvements to the methodology to the mapping algorithm for determining landslide susceptibility.

We’ll notify affected landowners and other relevant stakeholders when Council goes ahead with Stage 2 of our update to landslide planning controls.

Where can I find more information about the McCrae landslide and Board of Inquiry?

Visit www.mccraeinquiry.vic.gov.au where you can download a copy of the BOI’s report. You can also find more information here: mornpen.vic.gov.au/mccraelandslide.

Updated: January 2026

Timeline

17 November 2025 – Council decision about the amendment
At the 17 November 2025 Council Meeting, Council decided to request the Minister for Planning to prepare and approve the amendment.

18 November 2025 – Council requests the Minister to approve the amendment

On 18 November 2025, Council lodged the amendment request with the Minister for Planning

★ 6 January 2026 – Notice of approval of Amendment C312morn published in Victorian Government Gazette

The Minister has approved Amendment C312morn and EMO7 is now formally included in the planning scheme.