s.22 Duty to consider all submissions. GMPA, MSP, MCS, CoordStatP, CoordSPU, PAC, CoordStrP, SStrP, SS&UP, StrP, PPS and PM. Except submissions request a change to the items in section 22(5) (a) and (b). The sections refer to: any land credit amount or land equalisation amount specified in an infrastructure contributions plan that is to be incorporated into a planning scheme by the amendment; or any estimate of the value of public purpose land (within the meaning of Part 3AB) on which the amounts referred to in paragraph (a) are based. These provisions do not currently apply to Stonnington. s.23(1)(b) Duty to refer submissions which request a change to the amendment to a panel GMPA, GMSE and MCS. s.23(2) Power to refer to panel submissions which do not require a change to the amendment. GMPA, MSP, MCS, CoordStatP, CoordSPU, PAC, CoordStrP, SStrP, SS&UP, StrP, PPS, MPP and PM. Note - The delegation is to be exercised generally in relation to ‘minor amendments’ which propose: a ‘correction’ to the planning scheme; or to remove a provision that duplicates another provision or has become obsolete, or a plain English translation of an existing provision where the effect of the provision is unchanged.
s.39 Function of being a party to a proceeding commenced under section 39 and duty to comply with a determination by VCAT. GMPA, MSP, MCS, CoordStatP, CoordSPU, CoordStrP, SStatP, PAC, MPP, PPS, SStrP, SS&UP, StrP, PM and PP. s.40(1) Function of lodging a copy of an approved amendment. GMPA, MSP, MCS, CoordStatP, CoordSPU, PAC, CoordStrP, PPS, MPP and PM. s.41 Duty to make an approved amendment available. GMPA, MSP, MCS, CoordStatP, CoordSPU, PAC, MPP, PPS and PM.
s.46GZ(2)(b) Function of receiving the monetary component. Not applicable. Where Council is the development agency under an approved ICP. This provision does not apply where Council is also the collecting agency. s.46GZ(4) Duty to use any land equalisation amounts to pay land credit amounts section 46GZ (7), except any part of those amounts that are to be forwarded to a development agency under section 46GZ(5). Not applicable. Where Council is the collecting agency under an approved ICP. s.46GZ(5) Duty to forward any part of a land equalisation amount required for the acquisition of public purpose land by a development agency specified in the approved ICP to that development agency. Not applicable. Where Council is the collecting agency under an approved ICP. This provision does not apply where Council is also the relevant development agency. s.46GZ(5) Function of receiving any part of a land equalisation amount required for the acquisition of outer public purpose land. Not applicable. Where Council is the development agency specified in the approved ICP. This provision does not apply where Council is also the collecting agency. s.46GZ(7) Duty to pay to each person who must provide an infrastructure contribution under the approved ICP any land credit amount to which the person is entitled under section 46GW. Not applicable. Where Council is the collecting agency under an approved ICP.
s.55(1) Duty to give a copy the application, together with the prescribed information, to every referral authority specified in the planning scheme. GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP, SO and PP and StatP. s.57(2A) Power to reject objections considered made primarily for the commercial advantage for the objector. GMPA, MSP, CoordStatP and CoordSPU. s.57(3) Function of receiving the name and address of persons to whom notice of decision is to go. GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP, SO, PP and StatP. s.57(5) Duty to make available for inspection a copy of all objections. All Planning Unit staff. s.57A(4) to amend application in accordance with the applicant’s request, subject to section 57A (5). GMPA, MSP, CoordStatP, CoordSPU, SStatP, MPP, PAC, SO, StatP and PP. s.57A(5) Power to refuse to amend an application if the amendment is too substantial and that a new application for permit should be made. GMPA, MSP, CoordStatP, CoordSPU, PAC and MPP.
s.62(5)(c)(i) Power to include a permit condition requiring specified works, services or facilities to be provided or paid for in accordance with an agreement under section 173. GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP, SO and PP. s.62(5)(c)(ii) Power to include a permit condition that specified works be paid for by the applicant. GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP, SO, PP and s.62(6)(a) Duty not to include a permit condition requiring a person to pay an amount for or provide works, services or facilities except in accordance with sections 46N(1), 46GV(7) or 62(5). Not applicable. s.62(6)(b) Duty not to include a permit condition requiring a person to pay for services than services to be provided for in any agreement section 62(1)(a). GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP, SO and PP. s.63 Duty to issue the permit where a decision is made in favour of the application (if no one has objected). GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP and PP. Must be exercised in a manner that is consistent with the adopted Planning Delegation Guidelines.
s.64(1) Duty to give notice of a decision to grant a permit to the applicant and objectors. GMPA, MSP, CoordStatP, CoordSPU, SStatP, StatP, SO, PAC, MPP and PP. Must be exercised in a manner that is consistent with the adopted Planning Delegation Guidelines. This provision applies also to a decision to grant an amendment to a permit – see section 75. s.64(3) Duty not to a permit until after the specified period. GMPA, MSP, CoordStatP, CoordSPU, SStatP, StatP, PAC, MPP, SO and PP. This provision applies also to a decision to grant an amendment to a permit – see section 75. s.64(5) Duty to give a copy of the decision to each objector if a planning scheme exempts a decision from the requirements of sub sections (1), (2) and (3). GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP, StatP and SO. s.64A Duty not to a permit until the end of a period when an application for review may be lodged with VCAT or until VCAT has determined the application, if a relevant recommending referral authority has objected to the grant of a permit. GMPA, MSP, CoordStatP, MPP, PAC and TLPS.
s.71(1) Power to correct certain mistakes. GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP, SO and PP. s.71(2) Duty to note corrections in the register (*). All Planning Unit (*) “Register” means a Register of Applications pursuant to section 49 of the Act. s.73(2) to issue an amendment to a permit subject to conditions. GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP and PP. Must be exercised in a manner that is consistent with the adopted Planning Delegation Guidelines for Amendments to Plans or Permits. s.74 Duty to issue an amended permit if there are no objectors. GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP and PP. s.75(a) & (b) to amend a permit if there are objectors and issue a decision to grant the amendment. GMPA, MSP, CoordStatP, CoordSPU, PAC and MPP. s.76(1) & (2) Duty to give notice to the applicant and objectors of decisions to refuse to grant an amendment to a permit. GMPA, MSP, CoordStatP, CoordSPU, PAC and MPP.
s.96A(2) Power to agree to consider an application for a permit concurrently with preparation of a proposed amendment. GMPA, CoordStatP, CoordSPU, PAC, MSP, MPP and PPS. s.96C Power to give notice, to publish notice and to exercise any other power under section 96C. GMPA, MSP, MCS, CoordStatP, CoordSPU, PAC, PPS, MPP and PM. s.96F Duty to consider the panel’s report under section 96E. GMPA, MSP, MCS, CoordStatP, CoordSPU, PAC, PPS, MPP and PM. s.96G to determine to recommend that a permit be granted or to refuse to recommend that a permit be granted and the power to notify the applicant of the determination (including the power to give notice under section 23 of the Planning and Environment (Planning Schemes) Act 1996. GMPA, MSP, CoordStatP, CoordSPU and PAC.
s.96H to give notice in compliance with Minister's direction. GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP, PPS, SStatP and PM. s.96J to issue a permit as directed by the Minister. GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP, PPS and PM. s.96K Duty to comply with the direction of the Minister to refuse a permit. GMPA, MSP, CoordStatP, CoordSPU, SStatP, PAC, MPP and PPS. s.96Z Duty to keep levy certificates given to it under section 47 or section 96A for no less than five years from receipt of the certificate. GMPA, MSP. CoordStatP and CoordSPU. s.97C Power to request the Minister to decide the application. GMPA, MSP CoordStatP, CoordSPU and PAC.
s.117(1)(a) Function of making a submission to the VCAT where objections are received. GMPA, MSP, CoordStatP, CoordSPU, SStatP, PIO, PAC, MPP, PP, AHFSO and StatP. s.120(1) to apply for an interim enforcement order where a section 114 application has been made. GMPA, MSP, CoordStatP, CoordSPU, PIO, AHFSO and PAC. s.123(1) Power to carry out work required by enforcement order and recover costs. GMPA and MSP. s.123(2) to sell buildings, materials, etc salvaged in carrying out work under section 123(1). GMPA and MSP. Except . s.129 Function of recovering penalties. GMPA, MSP, PAC, CoordStatP, CoordSPU and PIOs. s.130(5) Power to allow a person served with an infringement notice further time. GMPA, MSP, PAC, CoordStatP and CoordSPU.
s.178E(1) Duty not to make a decision until after 14 days after notice has been given. GMPA, MSP and CoordStatP. s.178E(2)(a) Power to amend or end the agreement in accordance with the proposal. GMPA, MSP and CoordStatP. If no objections are made under section 178D. The delegate(s) must consider matters in section 178B. s.178E(2)(b) Power to amend or end the agreement in a manner that is not substantively different from the proposal. GMPA, MSP and CoordStatP. s.178E(2)(c) to refuse to amend or end the agreement. GMPA, MSP and CoordStatP. s.178E(3)(a) Power to amend or end the agreement in accordance with the proposal. GMPA, MSP and CoordStatP. After considering objections, submissions and matters in section 178B. s.178E(3)(b) Power to amend or end the agreement in a manner that is not substantively different from the proposal. GMPA, MSP and CoordStatP. s.178E(3)(c) Power to amend or end the agreement in a manner that is substantively different from the proposal. GMPA and MSP. s.178E(3)(d) to refuse to amend or end the agreement. GMPA and MSP. considering objections, submissions and matters in section 178B. s.178F(1) Duty to give notice of its decision under section 178E (3) (a) or (b). GMPA, MSP and CoordStatP.
ROAD MANAGEMENT ACT 2004 Column 1 Column 2 Column 3 Column 4 PROVISION THING DELEGATED DELEGATE CONDITIONS & LIMITATIONS Schedule 7 Clause 8(1) Duty to give notice to any other infrastructure manager or works manager responsible for any non-road infrastructure in the area, that could be affected by any proposed installation of infrastructure or related works on a road or road reserve of any road. GMAS, MPO, MPS&CW and MTP. Duty of the infrastructure manager or works manager. Schedule 7 Clause 9(1) Duty to comply with request for information from a coordinating road authority, an infrastructure manager or a works manager responsible for existing or proposed infrastructure in relation to the location of any non-road infrastructure and technical advice or assistance in conduct of works. GMAS, MPO, MPS&CW and MTP. Duty of the infrastructure manager or works manager responsible for non-road infrastructure. Schedule 7 Clause 9(2) Duty to give information to another infrastructure manager or works manager where becomes aware any infrastructure or works are not in the location shown on records, appear to be in an unsafe condition or appear to need maintenance. GMAS, MPS&CW and MPO. Duty of the infrastructure manager or manager. Schedule 7, clause 10 (2) Where Schedule 7 Clause 10 (1) applies, duty to where possible, conduct appropriate consultation with persons likely to be significantly affected. GMAS and MPO. Duty of the infrastructure manager or manager. Schedule 7 Clause 12(2) Power to direct the infrastructure manager or works manager to conduct reinstatement works. GMAS and MPO.