S. 4F inserted by No. 77/1996 s. 5. 4F Application of planning scheme provisions to amendments to VPPs s. 4F Sections 38 and 39 apply as if the amendment to the Victoria Planning Provisions were an amendment to a planning scheme. S. 4G inserted by No. 77/1996 s. 5. 4G Lodging of Victoria Planning Provisions and approved amendments (1) The Minister must lodge the prescribed documents and a copy of the Victoria Planning Provisions and every approved amendment to the Victoria Planning Provisions with— (a) each responsible authority; and (b) each municipal council; and (c) any other person or persons whom the Minister specifies. (2) An amendment must be lodged before notice of approval of the amendment is published in the Government Gazette. S. 4H inserted by No. 77/1996 s. 5. 4H Who must keep a copy of an approved amendment available for inspection? The Minister, each responsible authority and any person with whom a copy of an approved amendment is lodged under section 4G must make the copy and any documents lodged with it available at their respective offices during office hours for any person to inspect free of charge for two months after the amendment comes into operation and after that period on payment of the prescribed fee.
(c) designate land as being reserved for public purposes; S. 6(2)(d) repealed by No. 35/1995 s. 4(a), new s. 6(2)(d) inserted by No. 77/1996 s. 6(2).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)(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 rights of way under section 36 of the Subdivision Act 1988; S. 6(2)(h) amended by No. 86/1989 s. 25(b). (h) require specified things to be done to the satisfaction of the responsible authority a Minister, public authority, municipal council or referral authority; S. 6(2)(ha) inserted by No. 35/1995 s. 3(1). (ha) require specified information to be provided with an application for a permit;
(c) in the case of a use which is seasonal in nature, if the use does not take place for two years in succession. S. 6(4A) inserted by No. 86/1989 s. 6(2). (4A) A planning scheme may require a use to which subsection (3) applies to comply with— S. 6(4A)(a) amended by No. 48/2004 s. 137(a)(b). (a) a Code of Practice which has been incorporated or adopted in accordance with section 39 of the Conservation, Forests and Lands Act 1987; or (b) a Code of Practice approved or ratified by Parliament under an Act. (5) A provision of a planning scheme may operate for a specified period. (6) A planning scheme may apply to— (a) a municipal district; or (b) a municipal district together with an area adjoining the municipal district which is not in any municipal district; or (c) an area or areas which are not in any municipal district; or (d) if the affected municipal councils consent, any part of a municipal district or any adjoining parts of two or more municipal districts. S. 6A inserted by No. 48/1991 s. 60. 6A Easements, restrictions etc. s. 6A (1) In this section and in section 6(2)(g) restriction has the same meaning as in the Subdivision Act 1988. (2) Subject to subsection (3), a planning scheme may require a permit to be obtained before a person proceeds under section 23, 24A or 36 of the Subdivision Act 1988.
subsequent administration and enforcement of the planning scheme is the council of the municipal district unless the planning scheme specifies a person other than a municipal council as the responsible authority. 16 Application of planning scheme s. 16 A planning scheme is binding on every Minister, government department, public authority and municipal council except to the extent that the Governor in Council, on the recommendation of the Minister, directs by Order published in the Government Gazette. _______________ Division 1—Exhibition and notice of amendment 17 Copies of amendment to be given to certain persons s. 17 (1) A planning authority must give copies of any amendment it prepares to a planning scheme together with the explanatory report and any document applied, adopted or incorporated in the amendment— (a) to a municipal council, if the amendment applies to its municipal district; and S. 17(1)(b) repealed by No. 35/1995 s. 4(d). * * * * * (c) to the Minister; and (d) to any other person whom the Minister specifies. (2) A planning authority must also give a copy of any agreement entered into under section 173 to any
S. 20(4) amended by No. 128/1993 s. 6(1)(b)(i)(ii). (4) The Minister may exempt himself or herself from any of the requirements of sections 17, 18 and 19 and the regulations in respect of an amendment which the Minister prepares, if the Minister considers that compliance with any of those requirements is not warranted or that the interests of Victoria or any part of Victoria make such an exemption appropriate. S. 20(5) substituted by No. 128/1993 s. 6(2). (5) The Minister may consult with the responsible authority or any other person before exercising the powers under subsection (2) or (4). S. 20(6) inserted by No. 66/2009 s. 3, substituted by No. 58/2010 s. 36. (6) The Minister cannot, under this section, exempt a planning authority or himself or herself from any requirement if the amendment is to include a DAC Activity Centre Area within the meaning of Part 4AA or to amend the boundaries of such an Area. Division 2—Public submissions about an amendment S. 21 amended by Nos 86/1989 s. 25(f), 128/1993 s. 7(a). 21 Who may make a submission?, s. 21 (1) Any person may make a submission to the planning authority about an amendment of which notice has been given under section 19 or in accordance with a condition imposed under section 20(2)(b). S. 21(2) inserted by No. 128/1993 s. 7(b). (2) The planning authority must make a copy of every submission available at its office for any person to inspect during office hours free of charge until the end of two months after the amendment comes into operation or lapses. S. 21(3) inserted by No. 77/1996 s. 12(1). (3) A person is not entitled to make a submission which requests a change to the terms of any State standard provision to be included in a planning scheme by the amendment.
Division 5—Special provisions 43 Roads on Crown land (1) Any unalienated Crown land forming the whole or part of a road which is closed by an amendment to a planning scheme vests in the Minister administering the Land Act 1958 upon the publication of the notice of approval of the amendment in the Government Gazette if it is not already vested in that Minister. (2) The Minister administering the Land Act 1958 may alienate any land vested in the Minister under subsection (1) by public auction, private agreement or otherwise and subject to any terms and conditions the Minister thinks fit. 44 Roads on land other than Crown land s. 44 (1) Any land in a road which is closed by an amendment to a planning scheme vests in— (a) the municipal council in whose municipal district the land is situated; or (b) the Minister, if the land is not in a municipal district; or S. 44(1)(c) amended by No. 12/2004 s. 166(a). (c) the Minister administering the Road Management Act 2004 despite anything to the contrary in paragraph (a) or (b), if the road was— S. 44(1)(c)(i) amended by No. 12/2004 s. 166(b). (i) a freeway or an arterial road within the meaning of that Act; or S. 44(1)(c)(ii) amended by No. 44/1989 s. 41(Sch. 2 item 31). (ii) vested in the Roads Corporation— upon the publication of the notice of approval of the amendment in the
S. 46AI inserted by No. 43/2003 s. 3. 46AI Notice of ratification The Minister must publish a notice of the ratification under section 46AG of an amendment in the Government Gazette specifying the place or places at which any person may inspect the amendment. S. 46AJ inserted by No. 43/2003 s. 3. 46AJ When does a ratified amendment commence? An amendment that has been ratified under this Division comes into operation— (a) when the notice of ratification of the amendment is published in the Government Gazette; or (b) on any later day or days specified in the notice. S. 46AK inserted by No. 43/2003 s. 3. 46AK When does an amendment lapse? s. 46AI (1) An amendment to which this Division applies that has not been ratified in accordance with section 46AH lapses on the day immediately after the last day on which it could have been so ratified. (2) When an amendment has lapsed under subsection (1) the Minister must publish a notice in the Government Gazette setting out the date on which the amendment lapsed. (3) The publication of the notice under subsection (2) is conclusive proof of the date that the amendment lapsed. S. 46AL inserted by No. 43/2003 s. 3. 46AL Application of sections 40, 41 and 42 Sections 40, 41 and 42 do not apply to an amendment to which this Division applies unless and until the amendment is ratified under this Division.
(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, financial management, local government and housing. S. 46AW inserted by No. 33/2006 s. 5. 46AW Chairperson and Deputy Chairperson s. 46AU The Minister must appoint— (a) one of the members to be the Chairperson of the Growth Areas Authority; and (b) one of the members to be the Deputy Chairperson of the Growth Areas Authority. S. 46AX inserted by No. 33/2006 s. 5. 46AX Conditions of appointment of members (1) A member— (a) holds office for the period specified in the instrument of appointment, which must be a period of not more than 5 years; (b) holds office on the terms and conditions determined by the Minister; (c) may be re-appointed. (2) A member is entitled to be paid the remuneration and allowances set by the Minister in respect of that member. S. 46AY inserted by No. 33/2006 s. 5. 46AY Meetings s. 46AY (1) A meeting of the Growth Areas Authority is to be presided over by— (a) the Chairperson; or (b) in the absence of the Chairperson, the Deputy Chairperson; or
with every municipal council whose municipal district is wholly or partly within the region. (2) The amendment must be lodged before notice of the approval of the amendment is published in the Government Gazette. (3) The Minister and every municipal council whose municipal district is wholly or partly within the region must make a copy of an approved amendment to the regional strategy plan and any documents lodged with it available at their respective offices during office hours for any person to inspect free of charge for two months after the amendment comes into operation and after that period on payment of the prescribed fee. (4) The Minister and every municipal council whose municipal district is wholly or partly within the region must keep a copy of the approved regional strategy plan incorporating all amendments to it available at their respective offices during office hours for any person to inspect free of charge. S. 46F inserted by No. 118/1994 s. 13, substituted by No. 81/2004 s. 16. 46F Planning schemes to comply with approved regional strategy plan s. 46F Despite anything to the contrary in this Act, an amendment to a planning scheme must not be approved under section 35 or 35B in relation to the region if the amendment is inconsistent with the approved regional strategy plan. S. 46G inserted by No. 118/1994 s. 13. 46G Works to be in conformity with approved regional strategy plan (1) Subject to subsection (3), a government department, public authority or municipal council must not carry out works in the region which are not in conformity with the approved regional strategy plan. (2) If a government department, public authority or municipal council considers that any works or
(c) set out the works, services and facilities which may or may not be funded from a community infrastructure levy; (d) specify the means by which or the factors in relation to which the estimated cost of the works, services or facilities may or may not be calculated; (e) specify the means by which or the factors in relation to which the estimated total amount of a levy may or may not be calculated or determined; (f) specify the means by which or the factors in relation to which the amount of levy payable in respect of any development of land may or may not be calculated or determined; S. 46M(2)(fa) inserted by No. 101/2004 s. 6. (fa) subject to section 46L(1), specify standard levies for specified types or classes of works, services or facilities; (g) specify requirements for the staging and timing of the provision of works, services and facilities funded by a development contributions plan; (h) specify any other information to be included in a development contributions plan. (3) The Minister must cause notice to be published in the Government Gazette of all directions issued under this section. S. 46N inserted by No. 50/1995 s. 3. 46N Collection of development infrastructure levy s. 46N (1) Without limiting section 62, if— (a) an approved development contributions plan provides that a development infrastructure levy is payable in respect of the development of any land; and
S. 46O(2)(d) amended by No. 101/2004 s. 7. (d) enter into an agreement with the relevant collecting agency to pay the amount of the levy within a time specified in the agreement. S. 46P inserted by No. 50/1995 s. 3. 46P Provisions applying to collection of levies s. 46P S. 46P(1) amended by No. 101/2004 s. 7. (1) The relevant collecting agency may require the payment of an amount of levy referred to in section 46N or 46O to be secured to its satisfaction. S. 46P(2) amended by No. 101/2004 s. 7. (2) The relevant collecting agency may accept the provision of land, works, services or facilities by the applicant in part or full satisfaction of the amount of levy payable. (3) Subsection (2) applies to land, works, services or facilities provided before or after the application for the permit was made or the development is carried out. (4) Subsection (2) does not apply to land provided in accordance with any requirement of the Subdivision Act 1988 or any corresponding previous enactment. S. 46Q inserted by No. 50/1995 s. 3. 46Q Responsibilities of municipal councils s. 46Q S. 46Q(1) substituted by No. 101/2004 s. 8(1). (1) A municipal council must, in accordance with the Local Government Act 1989, keep proper accounts of any amount of levy paid to it as a collecting agency or a development agency under this Part. S. 46Q(1A) inserted by No. 101/2004 s. 8(1). (1A) A municipal council to which an amount of levy is paid as a collecting agency under this Part must forward to a development agency any part of the
S. 58 amended by No. 66/2009 s. 4 (ILA s. 39B(1)). 58 Responsible authority to consider all applications s. 58 (1) Subject to subsection (2), the responsible authority must consider every application for a permit. S. 58(2) inserted by No. 66/2009 s. 4(2). (2) A responsible authority must not consider or make a decision in respect of a DAC application within the meaning of Part 4AA. 59 Time for decision S. 59(1) amended by No. 100/2000 s. 7(8)(a), substituted by No. 81/2004 s. 22(1). (1) The responsible authority may decide on an application without delay if— (a) the responsible authority is not required to give notice under section 52(1) or 52(1AA); or (b) the responsible authority does not require notice to be given under section 57B; or (c) the application is not required to be referred to a referral authority under section 55 or 57C. (2) The responsible authority may decide on an application as soon as it gets the last of the replies from referral authorities— (a) if the responsible authority gets all of the replies before the end of the prescribed period or periods or any extended period allowed by the Minister under section 56; and S. 59(2)(b) amended by Nos 100/2000 s. 7(8)(b), 81/2004 s. 22(2). (b) 14 days have elapsed after the giving of the last notice under sections 52(1), 52(1AA) and 57B.
(a) any significant social and economic effects of the use or development for which the application is made; and (b) the approved regional strategy plan under Part 3A; and (c) any amendment to the approved regional strategy plan under Part 3A adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and S. 60(1A)(d) amended by No. 44/2005 s. 4(a). (d) the approved strategy plan under Part 3C; and s. 60 S. 60(1A)(e) amended by No. 44/2005 s. 4(a). (e) any amendment to the approved strategy plan under Part 3C adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and S. 60(1A)(ea) inserted by No. 44/2005 s. 4(b). (ea) the approved strategy plan under Part 3D; and S. 60(1A)(eb) inserted by No. 44/2005 s. 4(b). (eb) any amendment to the approved strategy plan under Part 3D adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and (f) any relevant State environment protection policy declared in any Order made by the Governor in Council under section 16 of the Environment Protection Act 1970; and (g) any other strategic plan, policy statement, code or guideline which has been adopted by a Minister, government department, public authority or municipal council; and
(h) any amendment to the planning scheme which has been adopted by a planning authority but not, as at the date on which the application is considered, approved by the Minister or a planning authority; and (i) any agreement made pursuant to section 173 affecting the land the subject of the application; and (j) any other relevant matter. S. 60(2) inserted by No. 48/1991 s. 61(2)(b). (2) The responsible authority must not grant a permit which allows the removal or variation of a restriction (within the meaning of the Subdivision Act 1988) unless it is satisfied that the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in writing to the grant of the permit) will be unlikely to suffer— (a) financial loss; or (b) loss of amenity; or (c) loss arising from change to the character of the neighbourhood; or (d) any other material detriment— s. 60 as a consequence of the removal or variation of the restriction. S. 60(3) inserted by No. 128/1993 s. 15, amended by No. 81/2004 s. 23(2)(a)(b). (3) Despite subsection (1)(c), if no notice is required to be given under section 52(1) or 57B or the planning scheme of an application, the responsible authority is not required to consider any objection or submission received in respect of the application before deciding the application.
Pt 4 Div. 2 (Heading) substituted by No. 52/1998 s. 191(4)(a). Division 2—Reviews by Tribunal S. 77 amended by No. 52/1998 s. 191(4)(b). 77 Appeals against refusal s. 77 An applicant for a permit may apply to the Tribunal for review of a decision by a responsible authority to refuse to grant the permit. S. 78 amended by No. 52/1998 s. 191(4)(b). 78 Appeals against requirements An applicant for a permit may apply to the Tribunal for review of— S. 78(a) amended by No. 81/2004 s. 27. (a) a requirement by the responsible authority to give notice under section 52(1)(d) or 57B; or (b) a requirement by the responsible authority for more information under section 54. S. 79 amended by No. 52/1998 s. 191(4)(b). 79 Appeals against failure to grant permit An applicant for a permit may apply to the Tribunal for review of the failure of the responsible authority to grant the permit within the prescribed time. S. 80 amended by Nos 52/1998 s. 191(4)(b), 100/2000 s. 11(3) (ILA s. 39B(1)). 80 Appeals against conditions on permits (1) An applicant for a permit may apply to the Tribunal for review of any condition in a permit which the responsible authority has issued or decided to grant to the person. S. 80(2) inserted by No. 100/2000 s. 11(3). (2) This section does not apply to a condition included in a permit under section 62(1)(aa).
S. 81 amended by Nos 52/1998 s. 191(4)(b), 81/2004 s. 28 (ILA s. 39B(1)). 81 Appeals relating to extensions of time (1) Any person affected may apply to the Tribunal for review of— (a) a decision of the responsible authority refusing to extend the time within which any development or use is to be started or any development completed; or S. 81(1)(aa) inserted by No. 48/1991 s. 61(3)(c). (aa) a decision of the responsible authority refusing to extend the time within which a plan under the Subdivision Act 1988 is to be certified, in the case of a permit relating to any of the circumstances mentioned in section 6A(2); or (b) the failure of the responsible authority to extend the time within one month after the request for extension is made. 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. 82 Appeals 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. 82B(2) amended by No. 52/1998 s. 191(4)(e)(ii). (2) Subject to subsection (3), the Tribunal must give the applicant for the permit, the responsible authority and the affected person an opportunity to be heard before making a decision. S. 82B(3) substituted by No. 52/1998 s. 191(6). (3) The Tribunal is not required to hold a hearing under subsection (2) if the applicant for the permit consents to the request for leave to apply for review. S. 82B(4) amended by Nos 72/1998 s. 8(b), 101/1998 s. 27. (4) The Tribunal may grant the leave to apply for review if it believes it would be just and fair in the circumstances to do so. S. 82B(5) substituted by No. 52/1998 s. 191(7). (5) If leave is granted by the Tribunal, the person affected may apply to the Tribunal for review of the decision of the responsible authority to grant the permit. (6) This section does not apply if— S. 82B(6)(a) amended by No. 52/1998 s. 191(8). (a) the decision on the application for a permit is exempted from section 82(1); or S. 82B(6)(b) amended by No. 52/1998 s. 191(8). (b) a permit has been issued under section 63 in respect of the application for a permit. S. 83 amended by No. 86/1989 s. 11, substituted by No. 52/1998 s. 184. 83 Parties to review s. 83 (1) In addition to any other party to a proceeding for review under this Act, a referral authority is a party to a proceeding for review— (a) of a refusal to grant a permit if— (i) the referral authority had objected to the grant of the permit; or (ii) it was refused because a condition required by the referral authority conflicted with a condition required by another referral authority; and
(k) must take account of any other matter which the Tribunal is required by the provisions of this Act or any other Act to take account of in determining the application for review. 85 Determination of appeal S. 85(1) amended by No. 52/1998 s. 191(9)(a)(i). (1) After hearing an application for review, the Tribunal may— s. 85 (a) direct that a permit must not be granted; or S. 85(1)(b) substituted by No. 86/1989 s. 14(1), amended by No. 52/1998 s. 191(9)(a)(ii). (b) in the case of an application for review of a refusal or failure to grant or a decision to grant a permit— (i) grant the permit and direct the responsible authority to issue it; or (ii) grant the permit, direct that the permit must or must not contain any specified conditions and direct the responsible authority to issue the permit; or S. 85(1)(c) amended by Nos 52/1998 s. 191(9)(a)(ii), 81/2004 s. 30(1). (c) in the case of an application for review of a requirement under section 52(1)(d) or 57B— (i) confirm the requirement; or (ii) change the requirement; or S. 85(1)(d) amended by No. 52/1998 s. 191(9)(a)(ii). (d) in the case of an application for review of a requirement for more information under section 54— S. 85(1)(d)(i) amended by No. 52/1998 s. 191(9)(a)(iii). (i) direct the responsible authority to consider the application for a permit as made under section 47; or (ii) confirm the requirement; or (iii) change the requirement; or S. 85(1)(da) inserted by No. 81/2004 s. 30(2). (da) direct that the time within which information is to be given under section 54 must be extended for a specified period or must not be extended, in the case of an application for
S. 87(6) inserted by No. 86/1989 s. 16(3), amended by No. 52/1998 s. 191(11), substituted by Nos 52/1998 s. 191(12), 47/2007 s. 11. (6) Without limiting the powers of the Tribunal, the Tribunal may, under this section, cancel or amend a permit that has been issued at its direction. S. 87(7) inserted by No. 86/1989 s. 16(3), amended by No. 52/1998 s. 191(11), substituted by No. 52/1998 s. 191(12). (7) The Tribunal must not cancel or amend a permit on a ground mentioned in subsection (1)(a), (c) or (f) unless there has been no application under Division 2 on that ground for review of the decision to grant the permit or of a condition of the permit. S. 87A inserted by No. 47/2007 s. 12. 87A Cancellation or amendment of permit issued at direction of Tribunal (1) In addition to the powers conferred by section 87, the Tribunal may cancel or amend a permit that has been issued at its direction if it considers it appropriate to do so. (2) The Tribunal may only cancel or amend a permit under this section at the request of— (a) the owner or occupier of the land concerned; or (b) any person who is entitled to use or develop the land concerned. S. 88 amended by No. 47/2007 s. 13. 88 What are the limits on the power to cancel or amend a permit? s. 87A The power to cancel or amend a permit under section 87 may be exercised— (a) if the permit relates to the construction of buildings or the carrying out of other works, at any time before those operations have been completed; or
(b) the owner and the occupier of the land concerned; (c) any person who asked for the cancellation or amendment of the permit under section 87; (d) the Minister; S. 90(1)(e) repealed by No. 35/1995 s. 4(h), new s. 90(1)(e) inserted by No. 47/2007 s. 14. (e) any person who asked for the amendment of the permit under section 87A; (f) any relevant referral authority. (2) The Tribunal may give any other person who appears to it to have a material interest in the outcome of the request an opportunity to be heard at the hearing of the request. S. 90A inserted by No. 28/2000 s. 7. 90A Matters which Tribunal must take into account S. 90A(1) amended by No. 81/2004 s. 33. (1) In determining a request, the Tribunal must take into account the matters set out in section 84B(2) as if the request were an application for review. S. 90A(2) amended by No. 81/2004 s. 33. (2) The matters set out in section 84B(2) are in addition to any other matters which the Tribunal can properly take account of or have regard to or is required to take account of or have regard to in determining a request. 91 Determination by Tribunal S. 91(1) amended by No. 52/1998 s. 191(1). s. 90A (1) After hearing a request, the Tribunal may direct the responsible authority to cancel or amend the permit and to take any action required in relation to the permit.
S. 91(2) amended by No. 52/1998 s. 191(1). (2) The responsible authority must comply with the directions of the Tribunal without delay. S. 91(2A) inserted by No. 81/2004 s. 34. (2A) If the Tribunal directs the responsible authority to amend a permit, the responsible authority must issue an amended permit to the owner of land to which the permit relates. S. 91(3) amended by No. 52/1998 s. 191(1). (3) The Tribunal must not direct a responsible authority to cancel or amend a permit on a request under section 89(1) unless it is satisfied that— s. 91 (a) in the case of a request under section 89(1)(a) the person— (i) could not reasonably be expected to have been aware of the application for the permit in time to lodge an objection under Division 1; and (ii) was substantially disadvantaged by the issue of the permit; and (b) in the case of a request under section 89(1)(b), the person was substantially disadvantaged by the matter set out in the request; and (c) it would be just and fair in the circumstances to do so. S. 91(3A) inserted by No. 100/2000 s. 12. (3A) The Tribunal must not direct a responsible authority to amend a permit if the amendment would authorise anything which would result in a breach of a registered restrictive covenant. S. 91(4) inserted by No. 53/1988 s. 45(Sch. 2 item 36) (as amended by No. 47/1989 s. 19(zj)). (4) If a cancelled permit relates to a subdivision or consolidation any plan certified under the Subdivision Act 1988 must be surrendered to the responsible authority.
S. 96B inserted by No. 77/1996 s. 14. 96B Application of provisions s. 96B (1) Subject to this Division, if a planning authority has agreed to consider an application for a permit concurrently with the preparation of a proposed amendment— (a) sections 17, 18 and 20 to 25 and Part 8 apply to the application as if— (i) except in section 23, the application were an amendment to a planning scheme; and (ii) any reference in those sections to section 19 were a reference to section 96C; and (iii) any reference in section 23 to an amendment were a reference to the proposed permit; and (b) Parts 3 and 5 apply to the proposed amendment as if any reference in those Parts to section 19 were a reference to section 96C. (2) Sections 166 and 185A apply to an application for a permit under this Division as if it were an amendment to a planning scheme and as if any reference in those sections to Part 3 included a reference to this Division. S. 96C inserted by No. 77/1996 s. 14. 96C Notice of amendment, application and permit S. 96C(1) amended by No. 28/2000 s. 8(a). (1) A planning authority must give notice of its preparation of an amendment to a planning scheme and notice of an application being considered concurrently with the amendment under this Division—
Division 1—General S. 97MA inserted by No. 66/2009 s. 5. 97MA Definitions s. 97MA (1) In this Part— DAC means a development assessment committee established under section 97MB; S. 97MA(1) def. of DAC Activity Centre Area inserted by No. 58/2010 s. 37(1)(a). DAC Activity Centre Area means a contiguous area designated in a planning scheme from time to time as a DAC Activity Centre Area; S. 97MA(1) def. of DAC application amended by No. 58/2010 s. 37(1)(b). DAC application, in relation to a DAC, means an application for a permit or an amendment to a permit that the DAC is required to consider and decide under section 97MD; S. 97MA(1) def. of operational area repealed by No. 58/2010 s. 37(1)(c). * * * * * S. 97MA(1) def. of Relevant Activity Area substituted by No. 58/2010 s. 37(1)(d). Relevant Activity Area means the land within a suburb set out in Column 1 of the following Table that falls within the municipal district of the corresponding municipal council set out in Column 2 of the Table— Column 1 Suburb Column 2 Municipal council Airport West Council Box Hill City Council
Sydenham Brimbank City Council Brimbank City Council Wantirna South Knox City Council Werribee Wyndham City Council Stonnington City Council s. 97MA S. 97MA(1) def. of Relevant Activity Centre Zone repealed by No. 58/2010 s. 37(1)(e). * * * * * S. 97MA(2) substituted 58/2010 s. 37(2). (2) Despite anything to the contrary in this Act— (a) not more than one DAC Activity Centre Area may be designated in a planning scheme in respect of the following combined Relevant Activity Areas— (i) Camberwell and Hawthorn East; (ii) and Highett; (iii) Prahran, and Windsor; (iv) Sydenham and ; and (b) not more than 2 DAC Activity Centre Areas may be designated in a planning scheme in respect of the Preston Relevant Activity Area; and (c) not more than one DAC Activity Centre Area may be designated in a planning scheme in respect of any other Relevant Activity Area. Division 2—Establishment and functions of DACs S. 97MB inserted by No. 66/2009 s. 5. 97MB Governor in Council may establish development assessment committees s. 97MB
(i) the responsible authority has refused to grant a permit for the use or development of the land on the ground that it is or may be required for a public purpose; or S. 99(a)(ii) amended by No. 52/1998 s. 191(13)(b)(i). (ii) the Tribunal directs that a permit must not be granted on the ground that the land is or may be required for a public purpose; or S. 99(a)(iii) amended by No. 52/1998 s. 191(13)(b)(i) (ii). (iii) the responsible authority— (A) fails to grant a permit within the period prescribed for the purposes of section 79; or (B) grants a permit subject to any condition which is not acceptable to the applicant— and the Tribunal disallows any application for review of the failure or condition on the ground that the land is or may be required for a public purpose; or (b) under section 98(1)(a), (b) or (c), on the sale of the land concerned under section 106; or (c) under section 98(1)(d), on the coming into operation of the relevant provision of the planning scheme; or (d) under section 98(2), on the refusal of the permit. 100 Increased compensation for effect on residence s. 100
S. 166(1) amended by No. 86/1989 s. 25(r). (1) A panel may continue to hear submissions and make its report and recommendations despite any defect, failure or irregularity in the preparation of a planning scheme or amendment or any failure to comply with Division 1, 2 or 3 of Part 3 in relation to the preparation of the planning scheme or amendment. S. 166(2) amended by No. 86/1989 s. 25(r). (2) A panel may adjourn the hearing of submissions and make an interim report to the planning authority if it thinks there has been a substantial defect, failure or irregularity in the preparation of a planning scheme or amendment or any failure to comply with Division 1, 2 or 3 of Part 3 in relation to the preparation of the planning scheme or amendment. (3) The interim report may recommend that the planning authority give notice of the planning scheme or amendment to a specified person or body. 167 Panel may regulate its own proceedings A panel may regulate its own proceedings. 168 Panel may take into account any relevant matter A panel may take into account any matter it thinks relevant in making its report and recommendations. S. 169 amended by No. 28/2000 s. 10(5). 169 Offences s. 169 A person who— (a) insults, assaults or obstructs a member of a panel while the member is performing functions or exercising powers as a member; or (b) insults, assaults or obstructs any person attending a hearing before a panel; or
(b) anything done in respect of the amendment by the first planning authority is to be taken to have been done by the Minister. (4) The first planning authority and its officers and employees must comply with any directions of the Minister with respect to— (a) the provision to the Minister of any document relating to the amendment; and (b) the provision to the Minister of assistance with respect to any steps to be taken under Part 3 with respect to the amendment. Division 4—Delegation S. 185AA inserted by No. 128/1993 s. 30. 185AA Interpretation s. 185AA (1) In this Division, Act includes any regulation, planning scheme, permit or agreement made under an Act. (2) Nothing in subsection (1) limits or affects the meaning of "Act" in any other provision of this Act (other than this Division). S. 186 (Heading) inserted by No. 33/2006 s. 7(1). 186 Minister may delegate some powers (1) The Minister may by instrument delegate any of his or her powers, discretions or functions under this Act or any other Act to— S. 186(1)(a) substituted by No. 35/1995 s. 11(1)(j). (a) the Secretary to the Department; or
(c) may be produced in any manner the responsible authority or nominated person considers appropriate. 200 Certificate to be proof of certain matters s. 200 S. 200(1) amended by No. 128/1993 s. 31(2). (1) A planning certificate which appears to be produced by authority of an officer of the responsible authority or by a nominated person is conclusive proof that at the date specified in the certificate the facts set out in it were true and correct. (2) Any person acting on the basis of a planning certificate who suffers financial loss because of an error or mis-statement in the certificate may recover damages for that loss from the responsible authority or the nominated person (as the case requires). 201 Underlying zoning s. 201 S. 201(1) amended by No. 86/1989 s. 25(s). (1) If— (a) a planning certificate states that the land is wholly or partly reserved for public purposes under the planning scheme; and (b) the certificate does not indicate the provisions of the scheme which would have applied to the land if the land had not been reserved— the applicant for the certificate may apply for the purpose of valuing the land for compensation—
(a) a description of the land of the landholder to which the acquisition relates as at the date of the acquisition, including the size of the land; (b) the name and address of the person who has acquired the interest; (c) the amount of interest in the landholder that has been acquired; (d) the date on which the interest was acquired; S. 201SK(3)(e) amended by No. 38/2012 s. 22(2)(a). (e) if the significant acquisition results from the aggregation of the interests of associated persons, particulars of the interests acquired by the person and any associated persons; S. 201SK(3)(f) amended by No. 38/2012 s. 22(2)(b). (f) if the significant acquisition results from the aggregation of the interests of persons who acquired interests because of section 78(1)(a)(ii) of the Duties Act 2000, particulars of the interests acquired by the person and all other persons involved; (g) any other information that the Commissioner may require. S. 201SL inserted by No. 23/2010 s. 9. 201SL When and to whom the GAIC is payable s. 201SL (1) Subject to sections 201SMAA, 201SP and 201SS, if liability to pay a growth areas infrastructure contribution arises on the day on which the relevant GAIC event occurs, the contribution (whether in whole or in part) must be paid to the Commissioner— (a) in the case of liability arising from issue of a statement of compliance, within 3 months after the liability arises; (b) in the case of liability arising from an application for a building permit, before the permit is issued;
Example to s. 201SP(2) substituted by No. 31/2011 s. 14(4), amended by No. 38/2012 s. 24(2). Example RST Pty Ltd is a private landholder that owns land subject to GAIC. X holds 60% of the interest in RST and disposes of that interest to Y. Y has made a significant acquisition and is liable to pay 60% of the GAIC payable in respect of the land. Y defers the payment of the GAIC under this Subdivision. RST applies for a building permit to carry out work on the land. Y and RST are jointly and severally liable to pay the deferred GAIC together with the interest relating to the GAIC on or before the application for the building permit is made by RST. RST is also liable to pay 40% of the GAIC payable in respect of the land (indexed if applicable) arising from the building works. However, the time for paying both GAIC payments does not apply if RST applies for approval of the staged payment of the GAIC under Subdivision 4. (3) The time for payment of a growth areas infrastructure contribution under section 201SL does not apply in respect of the whole or part of a growth areas infrastructure contribution deferred under this Subdivision. (4) In this section— building work does not include excluded building work; subdivision of land does not include an excluded subdivision of land. S. 201SPA inserted by No. 23/2010 s. 9, amended by No. 31/2011 s. 15. 201SPA Default on payment of deferred GAIC s. 201SPA If a person does not pay the deferred growth areas infrastructure contribution when due for payment under section 201SP, the amount of the contribution deferred under section 201SM becomes immediately payable as if the election of the deferral had never been made. Note to s. 201SPA amended by No. 31/2011 s. 27(1). Note If the deferred growth areas infrastructure contribution, including any indexation and interest, is not paid when due under section 201SP, a tax default within the meaning of the Taxation Administration Act 1997 will occur in respect of payment of the whole of the contribution that the person would have had to pay if
approval requires a further approval by the Minister in accordance with this section. S. 201SR(8) repealed by No. 31/2011 s. 17. * * * * * S. 201SRA inserted by No. 23/2010 s. 9. 201SRA Subsequent owner of land in respect of which approval granted liable to pay GAIC s. 201SRA (1) If an approval is granted under section 201SR for the staged payment of a growth areas infrastructure contribution and the ownership of the whole of the land in respect of which the contribution is imposed is transferred to a person (the subsequent owner) other than the person granted the approval (the former owner) as a result of the occurrence of a dutiable transaction relating to land— s. 201SRA (a) the liability to pay the contribution is imposed on the subsequent owner from the time of the occurrence of the transaction; and (b) the liability of the former owner to pay the contribution is extinguished from the time of the occurrence of the transaction; and (c) the subsequent owner is taken to have been granted an approval for the staged payment of the contribution that the subsequent owner is liable to pay under paragraph (a); and (d) the approval taken to have been granted under paragraph (c) is subject to the same conditions as the approval granted to the former owner; and (e) the approval taken to have been granted under paragraph (c) is taken to take effect
under Subdivision 3, a certificate of deferral of GAIC liability. S. 201SZA inserted by No. 23/2010 s. 9. 201SZA Certificate of staged payment approval The Commissioner must issue to a person who is or may be liable to pay a growth areas infrastructure contribution a certificate of staged payment approval if— (a) the person has applied in accordance with section 201SX; and (b) the Commissioner is satisfied that the person has been given an approval under Subdivision 4 for staged payment of the whole of the contribution. S. 201SZB inserted by No. 23/2010 s. 9. 201SZB Certificate of partial release The Commissioner must issue to a person who is or may be liable to pay a growth areas infrastructure contribution a certificate of partial release of that liability if— (a) the person has applied in accordance with section 201SX; and (b) the Commissioner is satisfied that the person has been given an approval under Subdivision 4 relating to a plan of subdivision for payment of the contribution in stages and the person has paid the amount for any one of the stages and the interest payable under section 201SV relating to that stage. S. 201SZC inserted by No. 23/2010 s. 9. 201SZC Certificate of exemption s. 201SZC The Commissioner must issue to a person who is or may be liable to pay a growth areas
(5) Despite subsection (4), if the agreement entered into by a person is of a class described in subsection (3)(b) and the contribution amount exceeds $2 million, the Minister may grant a reduction of the person's liability to pay a growth areas infrastructure contribution only with the agreement of the Treasurer. S. 201TF(6) amended by No. 6/2010 s. 203(1) (Sch. 6 item 35.5) (as amended by No. 45/2010 s. 22), substituted by No. 61/2011 s. 25(Sch. 1 item 7.3). (6) In this section agency means a public authority or the Secretary to the Department of Transport. S. 201TG (Heading) substituted by No. 31/2011 s. 22(1). S. 201TG inserted by No. 23/2010 s. 9. 201TG Notice of determination of application s. 201TG (1) If the Governor in Council or the Minister grants a reduction to a person under this Subdivision of the person's liability to pay a growth areas infrastructure contribution, the Minister must give the person a notice which states— (a) that the reduction has been granted; and (b) the proportion of the liability that is reduced; and (c) that the person is no longer liable to pay the proportion of the contribution that is subject to the reduction. (2) If the Governor in Council grants an exemption to a person under this Subdivision relating to the person's liability to pay a growth areas infrastructure contribution, the Minister must give the person a notice which states that the person—