S. 3(1) def. of Department inserted by No. 35/1995 s. 11(1)(a), amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 47/2007 s. 3(1). Department means the Department of Planning and Community Development; S. 3(1) def. of development amended by No. 53/1988 s. 45(Sch. 2 item 29) (as amended by No. 47/1989 s. 19(w)(i)(ii)). development includes— (a) the construction or exterior alteration or exterior decoration of a building; and (b) the demolition or removal of a building or works; and s. 3 (c) the construction or carrying out of works; and (d) the subdivision or consolidation of land, including buildings or airspace; and (e) the placing or relocation of a building or works on land; and (f) the construction or putting up for display of signs or hoardings; S. 3(1) def. of growth area inserted by No. 33/2006 s. 4. growth area means an area of land for the time being declared under section 46AO; S. 3(1) def. of Growth Areas Authority inserted by No. 33/2006 s. 4. Growth Areas Authority means the Growth Areas Authority established under section 46AQ;
(a) set out policies and specific objectives; (b) regulate or prohibit the use or development of any land; (c) designate land as being reserved for public purposes; S. 6(2)(d) repealed by No. 35/1995 s. 4(a), new s. 6(2)(d) inserted by No. 77/1996 s. 6(2). (d) include strategic plans, policy statements, codes or guidelines relating to the use or development of land; (e) regulate or prohibit any use or development in hazardous areas or in areas which are likely to become hazardous areas; (f) set out requirements for the provision of public utility services to land; S. 6(2)(fa) inserted by No. 3/2013 s. 56. (fa) designate a Minister, public authority or municipal council as an acquiring authority for the purposes of this Act for land reserved for public purposes; S. 6(2)(g) amended by No. 53/1988 s. 45(Sch. 2 item 30A) (as amended by No. 47/1989 s. 19(x)), substituted by No. 48/1991 s. 59(a). (g) subject to section 6A, regulate or provide for the creation, variation or removal of easements or restrictions under section 23 of the Subdivision Act 1988; S. 6(2)(ga) inserted by No. 48/1991 s. 59(a). (ga) subject to section 6A, regulate or provide for the variation or removal of conditions in the nature of easements in Crown grants, under section 23 of the Subdivision Act 1988; S. 6(2)(gb) inserted by No. 48/1991 s. 59(a). s. 6 (gb) subject to section 6A, regulate or provide for the creation or removal of easements or
S. 6(2)(kc) inserted by No. 128/1993 s. 4. (kc) set out classes of applications for permits exempted wholly or in part from section 52(1) and set out notice requirements (if any) to apply in place of the requirements of that subsection; S. 6(2)(kca) inserted by No. 53/2012 s. 3(2). (kca) set out classes of applications for permits that are exempted from the requirements of section 54; S. 6(2)(kcb) inserted by No. 53/2012 s. 3(2). (kcb) set out classes of applications for permits that are exempted wholly or in part from the requirements of section 60(1)(b) to (e) and (1A); S. 6(2)(kd) inserted by No. 128/1993 s. 4. s. 6 (kd) set out classes of applications the decisions on which are exempted from the requirements of section 64(1), (2) and (3) and section 82(1); S. 6(2)(kda) inserted by No. 53/2012 s. 3(3). (kda) set out classes of applications for review that are exempted wholly or in part from the requirements of section 84B(2)(b) to (ja); S. 6(2)(ke) inserted by No. 128/1993 s. 4. (ke) subject to subsection (3), specify what effect (if any) the planning scheme will have on a use or development of land for which a permit or certificate of compliance has been issued; (l) provide for any other matter which this Act refers to as being included in a planning scheme. S. 6(3) amended by No. 86/1989 s. 6(1). (3) Subject to subsections (4) and (4A), nothing in any planning scheme or amendment shall— (a) prevent the continuance of the use of any land upon which no buildings or works are erected for the purposes for which it was being lawfully used before the coming into operation of the scheme or amendment (as the case may be); or s. 6
S. 8 amended by Nos 86/1989 ss 5(2), 25(c), 35/1995 s. 4(b), 77/1996 s. 8, 89/1997 s. 75(1), 77/2003 s. 4, substituted by No. 81/2004 s. 3. 8 Minister is planning authority s. 8 (1) The Minister may prepare— (a) a planning scheme for any municipal district or other area of ; or (b) amendments to any provision of a planning scheme. (2) The Minister is a planning authority under this Act. (3) This Act applies to a planning scheme prepared by the Minister as if it were an amendment to a planning scheme. S. 8A inserted by No. 47/2007 s. 4. 8A Municipal councils are planning authorities (1) A municipal council is a planning authority— (a) for any planning scheme in force in its municipal district; and (b) for any other planning scheme for which it is authorised under this section to prepare an amendment. (2) Despite subsection (1)(a), a municipal council may only prepare an amendment to a planning scheme if authorised to do so by the Minister under this section. (3) The Minister, on the application of a municipal council, may authorise that municipal council to prepare an amendment to any part of the State standard provisions and local provisions of— (a) a planning scheme in force in its municipal district; or (b) a planning scheme applying to an area adjoining its municipal district. (4) An application under subsection (3) must be in writing in a form approved by the Minister and contain the information required by the Minister.
S. 12A inserted by No. 77/1996 s. 11. 12A Municipal strategic statements s. 12A (1) A planning authority which is a municipal council must prepare a municipal strategic statement for its municipal district. (2) A municipal strategic statement must further the objectives of planning in to the extent that they are applicable in the municipal district. (3) A municipal strategic statement must contain— (a) the strategic planning, land use and development objectives of the planning authority; and (b) the strategies for achieving the objectives; and (c) a general explanation of the relationship between those objectives and strategies and the controls on the use and development of land in the planning scheme; and (d) any other provision or matter which the Minister directs to be included in the municipal strategic statement. S. 12A(4) substituted by No. 47/2007 s. 7. (4) A municipal strategic statement must be consistent with the current Council Plan for the municipal council approved under section 125 of the Local Government Act 1989. S. 12A(5)(6) repealed by No. 81/2004 s. 4. * * * * * S. 12A(7) inserted by No. 77/2003 s. 5(2). (7) This section does not apply to any part of a municipal district that is within the . S. 12B inserted by No. 81/2004 s. 5. 12B Review of planning schemes
S. 22 amended by No. 86/1989 s. 25(g). 22 Planning authority to consider submissions s. 22 (1) A planning authority must consider all submissions made on or before the date set out in the notice. (2) The planning authority may consider a late submission and must consider one if the Minister directs. S. 22(3) inserted by No. 77/1996 s. 12(2). (3) A planning authority must not consider a submission which requests a change to the terms of any State standard provision to be included in the planning scheme by the amendment. S. 22(4) inserted by No. 77/1996 s. 12(2). (4) Despite subsection (3), a planning authority may consider a submission which requests that a State standard provision be included in or deleted from the scheme. S. 23 amended by No. 86/1989 s. 25(h)(i). 23 Decisions about submissions, (1) After considering a submission which requests a change to the amendment, the planning authority must— (a) change the amendment in the manner requested; or (b) refer the submission to a panel appointed under Part 8; or (c) abandon the amendment or part of the amendment. S. 23(2) inserted by No. 86/1989 s. 25(h)(ii). (2) A planning authority may refer to the panel submissions which do not require a change to the amendment. S. 23(3) inserted by No. 77/1996 s. 12(3). (3) Subsection (1) does not apply to a submission which requests a change to the terms of any State standard provision to be included in the planning scheme by the amendment.
S. 46AS(ac) inserted by No. 21/2013 s. 6(2). (ac) at the direction of the Minister, to provide a municipal council with advice requested by that municipal council on any matter relating to land in Victoria or an objective of planning in Victoria; and (b) to carry out any other function conferred on the Growth Areas Authority under this Act. S. 46AT inserted by No. 33/2006 s. 5. 46AT Powers s. 46AS (1) The Growth Areas Authority may do all things that are necessary or convenient to enable it to perform its functions and achieve its objectives. (2) Without limiting subsection (1), the Growth Areas Authority may enter into any agreements, contracts or arrangements related to its functions, powers and objectives. S. 46AU inserted by No. 33/2006 s. 5. 46AU Minister may give directions to the Growth Areas Authority (1) The Minister may give written directions to the Growth Areas Authority regarding the exercise of its functions and powers. (2) The Growth Areas Authority must comply with a written direction of the Minister. S. 46AV inserted by No. 33/2006 s. 5. 46AV Members (1) The Growth Areas Authority is to consist of not less than 5 members and not more than 7 members. (2) Members are to be appointed by the Governor in Council on the recommendation of the Minister. (3) When recommending persons to be members, the Minister must ensure as far as is practicable that collectively the members of the Growth Areas Authority have skills, experience or knowledge relating to, planning, development, economics,
S. 52(1)(a) amended by Nos 53/1988 s. 45(Sch. 3 item 57) (as amended by No. 47/1989 s. 23(2)), 86/1989 s. 4(2)(a), 128/1993 s. 13(1). (a) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of allotments or lots adjoining the land to which the application applies unless the responsible authority is satisfied that the grant of the permit would not cause material detriment to any person; and (b) to a municipal council, if the application applies to or may materially affect land within its municipal district; and (c) to any person to whom the planning scheme requires it to give notice; and S. 52(1)(ca) inserted by No. 100/2000 s. 7(1). (ca) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land benefited by a registered restrictive covenant, if anything authorised by the permit would result in a breach of the covenant; and S. 52(1)(cb) inserted by No. 100/2000 s. 7(1), amended by No. 10/2005 s. 3(Sch. 1 item 17.2). (cb) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land benefited by a registered restrictive covenant, if the application is to remove or vary the covenant; and s. 52 (d) to any other persons, if the responsible authority considers that the grant of the permit may cause material detriment to them. S. 52(1AA) inserted by No. 100/2000 s. 7(2). (1AA) If an application is made for a permit to remove or vary a registered restrictive covenant or for a permit which would authorise anything which would result in a breach of a registered restrictive covenant, then unless the responsible authority
S. 57(2B) inserted by No. 128/1993 s. 14(2). (2B) If an objection has been rejected under subsection (2A) this Act applies as if the objection had not been made. (3) If a number of persons make one objection, they may give the responsible authority the name and address of the person to whom the responsible authority is to give notice of the decision. (4) If a number of persons make one objection, it is sufficient compliance with sections 64(1) and 65(1) if the responsible authority gives the notice— (a) to the person named under subsection (3); or (b) if no name and address is given under subsection (3) to one of the persons who made the objection. S. 57(5) amended by No. 52/1998 s. 191(2)(e). (5) The responsible authority must make a copy of every objection available at its office for any person to inspect during office hours free of charge until the end of the period during which an application may be made for review of a decision on the application. S. 57A inserted by No. 81/2004 s. 21. 57A Amendments to application after notice of application is given s. 57A (1) An applicant may ask the responsible authority to amend an application after notice of the application is given under section 52. (2) An amendment to an application may include— (a) an amendment to the use or development mentioned in the application; and (b) an amendment to the description of land to which the application applies; and (c) an amendment to any plans and other documents forming part of or accompanying the application.
(5) In this section— council officer means— (a) a Chief Executive Officer within the meaning of section 3(1) of the Local Government Act 1989; or (b) a member of Council staff within the meaning of section 3(1) of the Local Government Act 1989. 62 What conditions can be put on permits? s. 62 (1) In deciding to grant a permit, the responsible authority must— (a) include any condition which the planning scheme or a relevant referral authority requires to be included; and S. 62(1)(aa) inserted by No. 100/2000 s. 10(1). (aa) if the grant of the permit would authorise anything which would result in a breach of a registered restrictive covenant, include a condition that the permit is not to come into effect until the covenant is removed or varied; and S. 62(1)(b) amended by No. 100/2000 s. 10(2). (b) not include additional conditions which conflict with any condition included under paragraph (a) or (aa). (2) The responsible authority may include any other condition that it thinks fit including— S. 62(2)(a) amended by No. 86/1989 s. 25(b). (a) a condition that specified things are to be done to the satisfaction of the responsible authority a Minister, public authority, municipal council or referral authority; and (b) a condition that the permit is not to come into effect unless a specified permit is cancelled or amended; and
66 Notice to referral authority s. 66 The responsible authority must give each relevant referral authority a copy of any permit which it decides to grant and a copy of any notice given under section 64 or 65. 67 When does a permit begin? A permit operates— (a) from the date specified in the permit; or (b) if no date is specified, from— S. 67(b)(i) amended by No. 52/1998 s. 191(1). (i) the date of the decision of the Tribunal, if the permit was issued at the direction of the Tribunal; or (ii) the day on which it is issued, in any other case. 68 When does a permit expire? (1) A permit for the development of land expires if— (a) the development or any stage of it does not start within the time specified in the permit; or S. 68(1)(aa) inserted by No. 128/1993 s. 17. (aa) the development requires the certification of a plan of subdivision or consolidation under the Subdivision Act 1988 and the plan is not certified within two years of the issue of the permit, unless the permit contains a different provision; or S. 68(1)(b) amended by No. 53/1988 s. 45(Sch. 2 item 34) (as amended by No. 47/1989 s. 19(zj)). (b) the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit or in the case of a subdivision or consolidation within 5 years of the certification of the plan of subdivision or consolidation under the Subdivision Act 1988.
S. 76A inserted by No. 81/2004 s. 26. 76A Notice to referral authority The responsible authority must give each relevant referral authority a copy of the amended permit, if it decides to grant an amendment to the permit, and a copy of any notice given under section 64 or 76. S. 76B inserted by No. 81/2004 s. 26. 76B When does an amendment to a permit begin? An amendment to a permit under this Division operates— (a) from the date specified in the amended permit; or (b) if no date is specified, from— (i) the date of the decision of the Tribunal if the amended permit was issued at the direction of the Tribunal; or (ii) the day on which the amended permit is issued, in any other case. S. 76C inserted by No. 81/2004 s. 26. 76C Review of decision on amendment s. 76A Division 2 (with any necessary changes) applies to an application for an amendment of a permit and an amendment of a permit as if— (a) a reference to an application for a permit were a reference to an application for the amendment; and (b) a reference to the grant of a permit were a reference to the grant of the amendment; and (c) a reference to the issue of a permit were a reference to the issue of an amended permit.
S. 76D inserted by No. 81/2004 s. 26. 76D Powers of Minister in relation to application S. 76D(1) amended by No. 21/2013 s. 8(a). (1) Sections 97B, 97C, 97D(1) and (3), 97E, 97F(1), 97G(1) to (5) (with any necessary changes) apply to an application for an amendment to a permit under this Division as if— (a) a reference to an application for a permit were a reference to an application for the amendment; and (b) a reference to the grant of a permit were a reference to the grant of the amendment. (2) Subject to subsections (3) and (6), this Division applies to an application referred to the Minister under this section as if— (a) the Minister were the responsible authority; and S. 76D(2)(b) amended by No. 21/2013 s. 8(b). (b) all steps taken under this Division by the referring responsible authority (within the meaning of section 97D(3)) had been taken by the Minister. (3) Sections 59, 61, 64, 65, 66 and 74 do not apply to an application referred to the Minister under this section. s. 76D S. 76D(4) amended by No. 21/2013 s. 8(c). (4) Once the Minister has decided in favour of an application, the Minister must direct the responsible authority specified in the planning scheme to issue an amended permit to the applicant. S. 76D(5) amended by No. 21/2013 s. 8(c). (5) The responsible authority specified in the planning scheme must comply with a direction under subsection (4).
S. 81(2) inserted by No. 81/2004 s. 28. (2) An applicant for a permit may apply to the Tribunal for a review of a decision of a responsible authority under section 54A to refuse to extend the time within which information must be given by the applicant under section 54. S. 81(3) inserted by No. 3/2013 s. 61(1). (3) Despite subsection (1) and clause 62 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, an application cannot be made to the Tribunal for review of a decision referred to in subsection (1)(a) or (aa) or a failure referred to in subsection (1)(b) unless the request to the responsible authority for the extension of time was made within the time specified under section 69(1) or (1A) (as the case requires). S. 82 (Heading) inserted by No. 3/2013 s. 68(6). 82 Applications for review where objectors s. 81 S. 82(1) amended by No. 52/1998 s. 191(4)(b). (1) An objector may apply to the Tribunal for review of a decision of the responsible authority to grant a permit. S. 82(2) substituted by No. 128/1993 s. 19, amended by No. 52/1998 s. 191(4)(c). (2) A planning scheme may set out classes of applications for permits the decisions on which are exempted from subsection (1). S. 82(3) inserted by No. 128/1993 s. 19, substituted by No. 52/1998 s. 191(5). (3) If a planning scheme exempts a decision of an application for a permit from subsection (1), an application for review cannot be made under that subsection in respect of that decision.
S. 84A inserted by No. 52/1998 s. 186. 84A Parties not restricted to grounds previously notified s. 84A A party in a proceeding for review under this Act is not restricted at the hearing of the proceeding to any grounds previously notified to the other parties (whether in the course of or before the proceeding) or the Tribunal. S. 84AB inserted by No. 3/2013 s. 63. 84AB Tribunal may confine review with agreement The Tribunal may confine a review in respect of an application made under section 77, 78, 79, 80, 81, 82 or 82B to particular matters in dispute if all the parties agree, and for this purpose section 84B applies as if the reference to an application for review were a reference to an application for review as so confined. S. 84B inserted by No. 52/1998 s. 186, amended by Nos 72/1998 s. 5, 28/2000 s. 6, substituted by No. 81/2004 s. 29. 84B Matters for Tribunal to take into account (1) In determining an application for review under this Act, the Tribunal must— (a) take account of any matter which the person or body in respect of whose decision the application for review is made— (i) properly took account of in making its decision; or (ii) was required to take account of in making its decision; and (b) have regard to any matter which the person or body in respect of whose decision the application for review is made— (i) properly had regard to in making its decision; or (ii) is required to have regard to in making its decision.
(2) In addition to subsection (1), the Minister may grant a permit under this section subject to any conditions the Minister thinks fit, if the Minister considers that, as a result of changes made to an amendment under Part 3, it is appropriate that a permit be granted under this section for any purpose for which the planning scheme as amended by the proposed amendment would require a permit to be obtained. (3) The permit must be granted at the same time as the approval of the amendment to which the permit applies. (4) The permit must state that it operates from a day specified in the permit being a day on or after the day on which the amendment to which the permit applies comes into operation. (5) Section 60(2), (4) and (5) apply to the consideration of a decision to grant a permit under this section as if any reference to the responsible authority were a reference to the Minister. (6) Section 62(2) to (6) apply to a permit granted under this section by the Minister as if a reference to the responsible authority in section 62(2) (where first occurring), 62(4), 62(5) and 62(6) were a reference to the Minister. S. 96J inserted by No. 77/1996 s. 14. 96J Issue of permit s. 96J (1) If the Minister grants a permit under section 96I, the Minister must direct the responsible authority to issue the permit. (2) The responsible authority must issue the permit within 7 days after a direction is given under subsection (1).
(3) Except as provided in this Division, Divisions 1 and 2 do not apply to an application or permit under this Division. (4) Division 3 applies to a permit issued under this Division as if— S. 96M(4)(a) amended by No. 100/2000 s. 14(5). (a) for section 87(1)(e) there were substituted— "(e) in the case of an application for a permit under section 96A, any failure to give notice in accordance with section section 96C; or"; and (b) section 87(1)(f) were omitted. (5) If a permit is granted under this Division— (a) the notice under section 36(1) of approval of the amendment to which the permit applies must also specify the places at which any person may inspect the permit; and (b) the notice under section 38 of approval of the amendment to which the permit applies must specify that the permit has been granted. S. 96N inserted by No. 77/1996 s. 14, amended by No. 21/2013 s. 9. 96N Who is to be the responsible authority? s. 96N Once a permit is granted under this Division, the responsible authority specified in the planning scheme becomes the responsible authority in respect of the permit. Pt 4 Div. 5 (Heading) repealed by No. 72/1998 s. 8(a). * * * * * S. 97 amended by No. 31/1989 s. 13(4), repealed by No. 67/1995 s. 57(2). * * * * *
S. 97G(3) amended by No. 21/2013 s. 12. (3) The Minister must give the responsible authority specified in the planning scheme and each referral authority a copy of any permit which he or she decides to grant and a copy of a notice given under subsection (1). (4) The Minister must give notice of the decision under section 97F to the persons who made objections or submissions in respect of the application. (5) A notice under subsection (4) may be given by notice published in a newspaper circulating generally in the area to which the relevant planning scheme applies. S. 97G(6) amended by No. 21/2013 s. 12. (6) The Minister and the responsible authority specified in the planning scheme must make a copy of every permit issued under section 97F available at their respective offices for inspection by any person during office hours free of charge. S. 97H inserted by No. 128/1993 s. 22, amended by No. 21/2013 s. 13. 97H Effect of issue of permit s. 97H Once a permit is issued under section 97F, the responsible authority specified in the planning scheme becomes the responsible authority for the administration and enforcement of this Act and the relevant planning scheme in respect of the permit (whether or not the permit is amended) except that the Minister remains the responsible authority in respect of— (a) any matters which the permit specifies to be done by, approved by or done to the satisfaction of the Minister; and S. 97H(b) repealed by No. 81/2004 s. 38(2). * * * * * (c) any extension of time under section 69 in relation to the permit; and
require a permit or is prohibited under the planning scheme. S. 97P (Heading) inserted by No. 3/2013 s. 66(1). S. 97P inserted by No. 128/1993 s. 23. 97P Review of failure or refusal to issue certificate s. 97P S. 97P(1) amended by No. 52/1998 s. 191(13)(a)(i). (1) An applicant for a certificate may apply to the Tribunal for review of— (a) a decision by the responsible authority to refuse to issue a certificate of compliance; or (b) the failure of the responsible authority to issue the certificate within the prescribed time. S. 97P(1A) inserted by No. 3/2013 s. 66(2). (1A) In reviewing a decision or failure to issue a certificate under this section, the Tribunal may confine its review to particular matters in dispute if all parties agree, and for this purpose section 84B applies as if the reference to an application for review were a reference to an application for review as so confined. S. 97P(2) amended by No. 52/1998 s. 191(13) (a)(ii). (2) After hearing an application, the Tribunal may— (a) direct that a certificate must not be issued; or (b) direct the responsible authority to issue the certificate. S. 97P(3) amended by No. 52/1998 s. 191(13) (a)(iii). (3) The responsible authority must comply with the directions of the Tribunal. S. 97Q inserted by No. 128/1993 s. 23. 97Q Cancellation or amendment of certificate s. 97Q
S. 97Q(1) amended by No. 52/1998 s. 191(1). (1) Any person may request the Tribunal to cancel or amend a certificate of compliance issued under this Part if the person believes that the person has been adversely affected by a material misstatement or concealment of fact in relation to the application for the certificate or a material mistake in relation to the issue of the certificate. S. 97Q(2) amended by No. 52/1998 s. 191(1). (2) The Tribunal must give the following persons the opportunity to be heard at the hearing of any request— (a) the responsible authority; (b) the owner and occupier of the land concerned; (c) the person who made the request; (d) the Minister. S. 97Q(3) amended by No. 52/1998 s. 191(1). (3) After hearing a request, the Tribunal may direct the responsible authority to cancel or amend the certificate and to take any action required in relation to the certificate, if it is satisfied that— (a) there has been a material mis-statement or concealment of fact in relation to the application for the certificate or a material mistake in relation to the issue of the certificate; and (b) the person who made the request was substantially disadvantaged by the misstatement, concealment or mistake; and (c) it would be just and fair in the circumstances to do so. S. 97Q(4) amended by No. 52/1998 s. 191(1). (4) The responsible authority must comply with the directions of the Tribunal. (5) Sections 88, 89(2) and (3), 92, 93 and 94 (with any necessary changes) apply to a request
be proposed to be reserved for public purposes if the Minister— (a) is satisfied that the value of the land may be substantially affected by a proposal to reserve or which could lead to the reservation of land for public purposes; and (b) considers that it is appropriate that the land should be so declared. _______________ Division 1—Enforcement orders 114 Application for enforcement order S. 114(1) amended by Nos 5/1988 s. 5(a), 62/1991 s. 35(1), 52/1998 s. 188(1)(a). s. 114 (1) A responsible authority or any person may apply to the Tribunal for an enforcement order against any person specified in subsection (3) if a use or development of land contravenes or has contravened, or, unless prevented by the enforcement order, will contravene this Act, a planning scheme, a condition of a permit or an agreement under section 173. S. 114(2) repealed by No. 52/1998 s. 188(1)(b). * * * * * (3) An enforcement order may be made against one or more of the following persons— (a) the owner of the land; (b) the occupier of the land; (c) any other person who has an interest in the land;
The Minister must appoint a panel to consider submissions to be referred to a panel under this Act. S. 154 substituted by No. 128/1993 s. 27. 154 Composition of panels A panel may consist of one or more persons. S. 155 substituted by No. 128/1993 s. 27. 155 Chairperson If a panel consists of more than one member, the Minister must appoint one of the members to be chairperson. S. 156 (Heading) inserted by No. 47/2007 s. 15(1). 156 Costs and expenses of panel (1) Each member of a panel is entitled to receive any fees and allowances fixed by the Minister in respect of that member unless the person is employed by or on behalf of the Crown. S. 156(2) substituted by No. 35/1995 s. 8(1). (2) The relevant planning authority must pay the fees or allowances unless the Minister otherwise directs. S. 156(2A) inserted by No. 22/1996 s. 17(1). (2A) If any member of a panel is a person employed by or on behalf of the Crown, the relevant planning authority must pay to the Crown the amount fixed by the Minister in respect of the costs of remuneration and expenses of that person for the period he or she is a member of the panel. S. 156(2B) inserted by No. 47/2007 s. 15(2). (2B) The relevant planning authority must pay for, or reimburse, any reasonable costs and expenses incurred for or by a panel in carrying out its functions under this Part unless the Minister otherwise directs.
S. 156(3) substituted by No. 86/1989 s. 21(1), amended by No. 35/1995 s. 8(2), substituted by No. 22/1996 s. 17(2), amended by No. 47/2007 s. 15(3). (3) A planning authority required to pay an amount under subsection (2), (2A) or (2B) may ask any person who has requested the amendment of the planning scheme to agree to contribute to that amount. S. 156(4) inserted by No. 86/1989 s. 21(1), amended by No. 22/1996 s. 17(3). (4) If, when asked, a person does not agree to contribute to the amount required to be paid by the planning authority, the planning authority may abandon the amendment or a part of it without referring submissions to a panel. S. 157 substituted by No. 128/1993 s. 28. 157 Panels with more than one member s. 157 The following provisions apply to panels with more than one member— (a) in the case of a panel of 2 members, the chairperson constitutes a quorum; (b) in the case of a panel of more than 2 members, a quorum is half the number of members constituting the panel and, if this would not be a whole number, the next highest whole number; (c) the members of a panel of more than 2 members may appoint a member to act as chairperson at a meeting of the panel if the chairperson is unable to attend; (d) the chairperson has an additional or casting vote if there is an equality of votes at a meeting of the panel; (e) if there is a quorum, the panel may act despite a vacancy in its membership; (f) the Minister may appoint another member to a panel if there is a vacancy.
(e) the start or completion of a use or development or a specified part of a use or development. 177 When does an agreement end? S. 177(1) amended by No. 35/1995 s. 9(1)(a). s. 177 (1) An agreement may provide that the agreement ends wholly or in part or as to any part of the land on or after— (a) the happening of any specified event; or (b) a specified time; or (c) the cessation of the use or the development of the land or any part of the land for a specified purpose. S. 177(2) amended by No. 35/1995 s. 9(1)(b). (2) An agreement may be ended wholly or in part or as to any part of the land by the responsible authority with the approval of the Minister or by agreement between the responsible authority and all persons who are bound by any covenant in the agreement. 178 Amendment of agreements An agreement may, with the approval of the Minister, be amended by agreement between the responsible authority and all persons who are bound by any covenant in the agreement. S. 179 (Heading) inserted by No. 3/2013 s. 50(1). 179 Responsible authority to keep copy of agreement S. 179(1) repealed by No. 3/2013 s. 50(2). * * * * * (2) The responsible authority must keep a copy of each agreement indicating any amendment made to it available at its office for any person to inspect during office hours free of charge.
184 Application to Tribunal S. 184(1) amended by No. 52/1998 s. 191(1). (1) An owner of land may apply to the Tribunal for an amendment to a proposed agreement if— (a) under a planning scheme or a permit the use or development of land for specified purposes is conditional upon an agreement being entered into under this Division; and (b) the owner objects to any provision of the agreement. (2) The Tribunal may approve the proposed agreement with or without amendments. S. 184(3) inserted by No. 48/1991 s. 63(3), amended by No. 52/1998 s. 191(1). (3) A purchaser of land who is a party to an agreement, or an owner of land, may apply to the Tribunal for an amendment to the agreement to remove the land from the application of the agreement, if the parties to the agreement cannot agree that the agreement should be amended. S. 184(4) inserted by No. 48/1991 s. 63(3). (4) The Tribunal may approve the amendment if— (a) it considers that the land owner is not subject to any further liability under the agreement; or (b) having regard to any relevant permit, or requirements under the Subdivision Act 1988, it considers it inappropriate that the agreement should continue to apply to the land and the owner. Division 3—Powers of Minister 185 Inquiry powers S. 185(1) amended by No. 126/1993 s. 264(Sch. 5 item 17.3). s. 184 (1) The provisions of Division 1 of Part 13 of the Building Act 1993 with such changes as are necessary apply to and in respect of powers and duties conferred or imposed on any municipal council by or under this Act.
excluded building work has the meaning set out in section 201RG; excluded event has the meaning set out in section 201RB; excluded subdivision of land has the meaning set out in section 201RF; first announcement day means 2 December 2008; Note 2 December 2008 was the day on which the Minister gave public notice of the proposal to implement a scheme for the imposition of contributions towards the provision of State infrastructure in respect of certain growth area land. GAIC means growth areas infrastructure contribution; s. 201R GAIC event means an event described under section 201RA; GAIC certificate means a certificate issued under section 201SZF; GAIC recording in relation to land in the contribution area, means a recording made by the Registrar of Titles under section 201UD of a notification on a folio of the Register relating to the land indicating that a growth areas infrastructure contribution may be payable in respect of that land; S. 201R def. of growth area inserted by No. 21/2013 s. 7. growth area means an area of land for the time being declared under section 46AO in the municipal district of one or more of the following municipal councils— (a) Cardinia Shire Council; (b) Council;
settlement in relation to a contract for the sale of land, means the time at which the purchaser becomes entitled to possession or to the receipt of rents and profits; significant acquisition has the meaning set out in section 201RE; single dwelling has the same meaning as in section 188A(4) of the Building Act 1993; s. 201R statement of compliance has the same meaning as in section 21 of the Subdivision Act 1988; sub-sale of dutiable property has the meaning set out in section 201RD; type A land is the land described in section 201RC(2); type B-1 land is the land described in section 201RC(3); type B-2 land is the land described in section 201RC(4); type C land is the land described in section 201RC(5); urban development area means land that is within a growth area and that is zoned under a planning scheme— (a) for residential, industrial or business purposes; or (b) as a Comprehensive Development Zone, a Priority Development Zone or an Urban Growth Zone;
S. 201SM(1) substituted by No. 31/2011 s. 10(1). (1) Subject to subsection (2), a person who is liable to pay a growth areas infrastructure contribution imposed in respect of a dutiable transaction relating to land may elect to defer the payment of up to 100% of that contribution. S. 201SM(2) amended by No. 31/2011 s. 10(2). (2) A person who is liable to pay a growth areas infrastructure contribution under section 201SMAA may elect to defer the payment of the whole of that contribution. (3) An election must be made to the Commissioner— (a) in a form approved by the Commissioner; and (b) before the day on which the contribution is payable. (4) An election to defer the payment of the whole or part of a growth areas infrastructure contribution under subsection (1) takes effect from the time that the liability to pay the contribution arises. S. 201SM(5) amended by No. 31/2011 s. 10(3). (5) An election to defer the payment of a growth area infrastructure contribution under subsection (2) takes effect from the time the liability to pay the contribution arises in accordance with section 201SMAA(5). s. 201SM (6) A person who has deferred the payment of part of a growth areas infrastructure contribution under this section must pay the part of the contribution that has not been deferred in accordance with section 201SL. (7) If a part of a growth areas infrastructure contribution that has not been deferred under this section is not paid in accordance with section 201SL, the whole of the contribution becomes immediately payable as if the election of the deferral had never been made. Note
S. 201TC inserted by No. 23/2010 s. 9. 201TC Exemption from paying GAIC for land dealings involving public authorities and councils s. 201TB (1) No growth areas infrastructure contribution is payable in respect of the following dutiable transactions relating to land— (a) if land vested in or held by a public authority or a municipal council— (i) is surrendered by that authority or council to the Crown; or (ii) is transferred by that authority or council to another public authority or municipal council; or (iii) is exchanged by that authority or council for land vested in or held by another public authority or municipal council; S. 201TC(1)(b) amended by Nos 6/2010 s. 203(1) (Sch. 6 item 35.3) (as amended by No. 45/2010 s. 22), 61/2011 s. 25(Sch. 1 item 7.2(a)). (b) if land vested in or held by the Secretary to the Department of Transport— S. 201TC(1) (b)(i) amended by Nos 6/2010 s. 203(1) (Sch. 6 item 35.4) (as amended by No. 45/2010 s. 22), 61/2011 s. 25(Sch. 1 item 7.2(b)). (i) is transferred by the Secretary to the Department of Transport on behalf of the Crown to a public authority or to a municipal council; or s. 201TC
S. 203(1)(ab) inserted by No. 23/2010 s. 11. (ab) certificates relating to growth areas infrastructure contributions issued under Subdivision 5 of Division 2 of Part 9B; and S. 203(1)(ac) inserted by No. 23/2010 s. 11. (ac) any matter relating to a function or duty performed by the Registrar of Titles under Part 9B; and (b) considering applications for permits; and S. 203(1)(ba) inserted by No. 128/1993 s. 36(a). (ba) considering applications for certificates of compliance; and S. 203(1)(c) amended by No. 86/1989 s. 21(2). (c) amendments to planning schemes including but not limited to— (i) considering proposals for amendment; and (ii) any stage in the amendment process; and (iii) considering whether or not to approve the amendment; and (d) giving notice of permit applications; and S. 203(1)(e) amended by No. 128/1993 s. 36(b). (e) determining whether anything has been done to the satisfaction of a responsible authority, Minister, public authority, municipal council or a referral authority; and s. 203 (f) providing maps showing the location of boundaries in a planning scheme; and (g) any other thing for which fees are authorised or required to be prescribed under this Act. (2) A regulation under subsection (1) may— S. 203(2)(a) amended by No. 86/1989 s. 21(3)(a). (a) prescribe different fees for different cases or classes of cases; and
order that could be so entered into under this Act in relation to the relevant new planning scheme may be enforced by or against the responsible authority for the new planning scheme; and (c) all rights and liabilities existing under or in relation to a revoked scheme or order immediately before that commencement continue under or in relation to the relevant new planning scheme, insofar as the new scheme contains provisions to the like effect as provisions of the revoked scheme or order, and may be enforced by or against— (i) the Minister, if they were rights and liabilities of or enforceable against the Minister immediately before that commencement; or (ii) the Geelong Regional Commission, if they were rights and liabilities of or enforceable against the Geelong Regional Commission immediately before that commencement; or (iii) a person or body that was liable to pay compensation under section 42(5B) or section 43(4) of the Town and Country Planning Act 1961 immediately before that commencement, in the case of that liability; or (iv) the responsible authority for the new planning scheme, in any other case. S. 207(4) inserted by No. 5/1988 s. 6. (4) A notice in force under section 44 of the Town and Country Planning Act 1961 before the commencement of item 131 in the Schedule in relation to a revoked scheme or order continues to have effect in relation to the relevant new
Assent Date: 17.11.09 Commencement Date: Ss 3–5 on 18.11.09: s. 2 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: Ss 25(5)(Sch. 2 item 10), 203(1)(Sch. 6 item 35) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010 Assent Date: 1.6.10 Commencement Date: Ss 3–5 on 8.6.10: Special Gazette (No. 212) 8.6.10 p. 1; ss 6–13 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Local Government and Planning Legislation Amendment Act 2010, No. 58/2010 Assent Date: 14.9.10 Commencement Date: Ss 36–43 on 24.9.10: Government Gazette 23.9.10 p. 2186 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Endnotes Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 70) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011, No. 31/2011 Assent Date: 29.6.11 Commencement Date: Ss 4, 5, 7–27 on 30.6.11: s. 2(1); s. 6 on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011