S. 3(1) def. of consumer price index inserted by No. 40/2014 s. 30. consumer price index means the all groups consumer price index for Melbourne in original terms published by the Australian Bureau of Statistics; S. 3(1) def. of Crown land inserted by No. 86/1989 s. 4(1)(b). Crown land means land which is or is deemed to be unalienated land of the Crown and includes— (a) land of the Crown reserved permanently or temporarily by or under an Act; and (b) land of the Crown occupied by a person under a lease licence or other right; 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), amended by No. 70/2013 s. 4(Sch. 2 item 36.1). Department means the Department of Transport, Planning and Local Infrastructure; S. 3(1) def. of determining referral authority inserted by No. 3/2013 s. 14. determining referral authority means, in relation to an application for a permit or an amendment to a permit, a person or body that a planning scheme specifies as a determining referral authority for applications of that kind; 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
(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or prohibit the use or development of any land; (c) designate land as being reserved for public purposes; S. 6(2)(d) repealed by No. 35/1995 s. 4(a), new s. 6(2)(d) inserted by No. 77/1996 s. 6(2).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). (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;
(b) provide sound, strategic and co-ordinated planning of the use and development of land in its area; (c) review regularly the provisions of the planning scheme for which it is a planning authority; (d) prepare amendments to a planning scheme for which it is a planning authority; S. 12(1)(e) amended by No. 3/2013 s. 71(1)(a). (e) prepare an explanatory report in respect of any proposed amendment to a planning scheme; S. 12(1)(f) inserted by No. 3/2013 s. 71(1)(b). (f) provide information and reports as required by the Minister. (2) In preparing a planning scheme or amendment, a planning authority— (a) must have regard to the Minister's directions; and S. 12(2)(aa) inserted by No. 77/1996 s. 10. (aa) must have regard to the Victoria Planning Provisions; and S. 12(2)(ab) inserted by No. 77/1996 s. 10. (ab) in the case of an amendment, must have regard to any municipal strategic statement, strategic plan, policy statement, code or guideline which forms part of the scheme; and S. 12(2)(b) amended by No. 86/1989 s. 25(d). (b) must take into account any significant effects which it considers the scheme or amendment might have on the environment or which it considers the environment might have on any use or development envisaged in the scheme or amendment; 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. 12B(1) substituted by No. 47/2007 s. 8. (1) A planning authority which is a municipal council must review its planning scheme— (a) no later than one year after each date by which it is required to approve a Council Plan under section 125 of the Local Government Act 1989; or (b) within such longer period as is determined by the Minister. (2) A planning authority which is a municipal council must also review its planning scheme at any other time that the Minister directs. (3) The objective of a review under this section is to enhance the effectiveness and efficiency of the planning scheme in achieving— (a) the objectives of planning in ; and
submission if an opportunity to be heard is given— (i) to the person named under subsection (2)(b); or (ii) if no name and address is given under subsection (2)(b), to one of the persons who made the submission. (4) If the planning authority or Minister gives notice under subsection (3)(a)(ii), the planning authority or Minister must also publish a copy of the notice in a newspaper generally circulating in the area to which the amendment applies. S. 22 amended by No. 86/1989 s. 25(g). 22 Planning authority to consider submissions (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,
(d) specify the types of plan preparation costs and works, services and facilities that may or may not be funded from a standard levy or a supplementary levy or both of those levies under an infrastructure contributions plan; and (e) specify— (i) the standard levy rates to be applied under an infrastructure contributions plan for each class of development of land according to the type of land to be developed; and (ii) the method for determining the amount of the standard levy payable in respect of a development of land; and (f) specify the method and timing of annual indexation to be applied to standard levy rates; and (g) set out the requirements that a planning authority must comply with and the criteria that it must have regard to when deciding whether to impose a supplementary levy for the development of land under an infrastructure contributions plan; and (h) specify the method for estimating the cost of the works, services and facilities to be funded from a supplementary levy under an infrastructure contributions plan; and (i) specify the method and timing of annual indexation to be applied to the estimated cost of each of the works, services and facilities to be funded from a supplementary levy under an infrastructure contributions plan; and (j) specify the method for determining the amount of supplementary levy payable in
S. 46H def. of collecting agency inserted by No. 101/2004 s. 3(1). collecting agency means a person specified in a development contributions plan as a person to whom a community infrastructure levy or development infrastructure levy is payable under this Part; S. 46H def. of development agency inserted by No. 101/2004 s. 3(1), amended by No. 35/2015 s. 5(a). development agency means a person specified in a development contributions plan as a person responsible for the provision of works, services or facilities or for the plan preparation costs for which a community infrastructure levy or development infrastructure levy or part of a levy is payable under this Part; S. 46H def. of dwelling amended by Nos 10/2005 s. 3(Sch. 1 item 17.1), 35/2015 s. 5(b). dwelling means a building that is used, or is intended, adapted or designed for use, as a separate residence, (including kitchen, bathroom and sanitary facilities) for an occupier who has a right to the exclusive use of it but does not include— (a) a building that is attached to a shop, office, warehouse or factory and is used, or is intended, adapted or designed for use, as a residence for an occupier or caretaker of the shop, office, warehouse or factory; or (b) any part of a motel, residential club or residential hotel or residential part of licensed premises under the Liquor Control Reform Act 1998; S. 46H def. of plan preparation costs inserted by No. 35/2015 s. 5(c). plan preparation costs means the costs and expenses referred to in section 46I(1)(b).
S. 46K(1)(d) substituted by No. 101/2004 s. 4(1)(a), amended by No. 35/2015 s. 8(c)(i). (d) specify in respect of each of the plan preparation costs, works, services and facilities— S. 46K(1)(d)(i) amended by No. 35/2015 s. 8(c)(ii). (i) the amount of the plan preparation costs and the estimated cost of the works, services or facilities; or S. 46K(1)(d)(ii) amended by No. 35/2015 s. 8(c)(i). (ii) the standard levy applicable to the plan preparation costs, works, services or facilities; and S. 46K(1)(e) amended by Nos 101/2004 s. 4(1)(b), 35/2015 s. 8(d). (e) unless a standard levy is applied, specify the proportion of the total estimated cost of the plan preparation costs, works, services and facilities which is to be funded by a development infrastructure levy or community infrastructure levy or both; and (f) specify the land in the area and the types of development in respect of which a levy is payable and the method for determining the amount of levy payable in respect of any development of land; and S. 46K(1)(fa) inserted by No. 101/2004 s. 4(1)(c). (fa) specify the Minister, public authority or municipal council to whom or to which the community infrastructure levy or development infrastructure levy is payable under this Part (the collecting agency); and S. 46K(1)(fb) inserted by No. 101/2004 s. 4(1)(c), amended by No. 35/2015 s. 8(e). (fb) specify any Minister, public authority or municipal council that is to be responsible for the provision of the works, services or facilities or for the plan preparation costs for which the community infrastructure levy or development infrastructure levy or part of that levy is payable under this Part (the development agency); and
the day on which the Tribunal makes its determination. 55 Application to go to referral authorities S. 55(1) amended by No. 3/2013 s. 17(1). (1) A responsible authority must give a copy of an application, together with the prescribed information, to every person or body that the planning scheme specifies as a referral authority for applications of that kind without delay unless the applicant satisfies the responsible authority that the referral authority has— (a) considered the proposal for which the application is made within the past three months; and (b) stated in writing that it does not object to the granting of the permit for the proposal. (2) The referral authority must tell the responsible authority in writing within the prescribed time after getting the application if it needs any more information. S. 55(3) inserted by No. 3/2013 s. 17(2). (3) The referral authority must give to the applicant, without delay, a copy of any request that it makes to the responsible authority under subsection (2) in respect of the application. S. 55(4) inserted by No. 3/2013 s. 17(2). (4) A planning scheme may specify that a referral authority is— (a) a determining referral authority; or (b) a recommending referral authority. S. 55A inserted by No. 97/1987 s. 176(1), repealed by No. 94/1998 s. 183(Sch. 4 item 3). * * * * * 56 Action by referral authority on application
S. 60(1)(e) amended by No. 3/2013 s. 76(1). (e) any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development; and S. 60(1)(f) inserted by No. 3/2013 s. 76(2). (f) any significant social effects and economic effects which the responsible authority considers the use or development may have. S. 60(1A) inserted by No. 81/2004 s. 23(1). (1A) Before deciding on an application, the responsible authority, if the circumstances appear to so require, may consider— S. 60(1A)(a) repealed by No. 3/2013 s. 76(3). * * * * * (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(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(1B) inserted by No. 30/2015 s. 4(1). (1B) For the purposes of subsection (1)(f), the responsible authority must (where appropriate) have regard to the number of objectors in considering whether the use or development may have a significant social effect. 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
S. 62(2)(f) amended by No. 53/1988 s. 45(Sch. 2 item 32A) (as amended by No. 47/1989 s. 13(2)). (f) a condition that the owner of the land or applicant for the permit in anticipation of the applicant becoming owner of the land is to enter into an agreement with the responsible authority under section 173 within a specified period or before the use or development or a specified part of it starts; and S. 62(2)(g) amended by Nos 53/1988 s. 45(Sch. 2 item 32B) (as amended by No. 47/1989 s. 13(2)), 93/1995 s. 218(1)(Sch. 2 item 7.2). (g) a condition that the owner of the land or, if the applicant for the permit is not the owner of the land, the applicant on the applicant becoming the owner of the land is to enter into a covenant with the relevant Minister under Division 2 of Part 4 of the Heritage Act 1995 for the conservation of a registered place; and S. 62(2)(h) amended by Nos 53/1988 s. 45(Sch. 2 item 32C) (as amended by No. 47/1989 s. 13(2)), 86/1989 s. 25(l), repealed by No. 50/1995 s. 4(1). * * * * * (i) a condition that plans, drawings or other documents be prepared by the applicant and lodged with the responsible authority for approval before the use or development or a specified part of it starts; and S. 62(2)(j) amended by No. 53/1988 s. 45(Sch. 2 item 33) (as amended by No. 47/1989 s. 6(3)(f)). (j) a condition requiring changes to be made to any plan or drawing forming part of the application for the permit; and
(c) a relevant determination of the Building Appeals Board under that Act in respect of the land to which the permit applies. S. 62(5) inserted by No. 50/1995 s. 4(2), substituted by No. 101/2004 s. 10. (5) In deciding to grant a permit, the responsible authority may— S. 62(5)(a) substituted by No. 35/2015 s. 14(1). (a) include a condition required to implement an approved development contributions plan (within the meaning of Part 3B) or an approved infrastructure contributions plan (within the meaning of Part 3AB); or (b) include a condition requiring specified works, services or facilities to be provided or paid for in accordance with an agreement under section 173; or (c) include a condition that specified works, services or facilities that the responsible authority considers necessary to be provided on or to the land or other land as a result of the grant of the permit be— (i) provided by the applicant; or (ii) paid for wholly by the applicant; or (iii) provided or paid for partly by the applicant where the remaining cost is to be met by any Minister, public authority or municipal council providing the works, services or facilities. S. 62(6) inserted by No. 50/1995 s. 4(2), substituted by No. 101/2004 s. 10. (6) The responsible authority must not include in a permit a condition requiring a person to pay an amount for or provide works, services or facilities except—
S. 62(6)(a) amended by No. 35/2015 s. 14(2). (a) in accordance with subsection (5), section 46N or 46GG; or (b) a condition that a planning scheme requires to be included as referred to in subsection (1)(a); or S. 62(6)(c) amended by No. 3/2013 s. 22(3). (c) a condition that a determining referral authority requires to be included as referred to in subsection (1)(a). S. 63 amended by Nos 128/1993 s. 16(1), 3/2013 s. 23(1). 63 Grant of permit if no objectors Subject to section 64A, once it has decided in favour of an application, the responsible authority must issue the permit to the applicant if no one has objected under section 57 or if notice of the decision to grant the permit is not required to be given to objectors under section 64. 64 Grant of permit if there are objectors S. 64(1) amended by No. 3/2013 s. 23(2). (1) The responsible authority must give the applicant and each person who objected under section 57 a notice in the prescribed form of its decision to grant a permit. (2) The notice must set out any conditions to which the permit will be subject. S. 64(3) amended by No. 128/1993 s. 16(2), substituted by No. 52/1998 s. 191(3). (3) The responsible authority must not issue the permit to the applicant— S. 64(3)(a) amended by No. 3/2013 s. 23(3). (a) until the end of the period within which a person who objected under section 57 may apply to the Tribunal for a review of the decision to grant the permit; 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. (2) A permit for the use of land expires if— (a) the use does not start within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit; or (b) the use is discontinued for a period of two years. (3) A permit for the development and use of land expires if— (a) the development or any stage of it does not start within the time specified in the permit; or (b) the development or any stage of it 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 (c) the use does not start within the time specified in the permit, or, if no time is specified, within two years after the completion of the development; or (d) the use is discontinued for a period of two years. S. 68(3A) inserted by No. 53/1988 s. 45(Sch. 2 item 35), amended by No. 48/1991 s. 61(3)(a). (3A) If a permit for the use of land or the development and use of land or relating to any of the circumstances mentioned in section 6A(2), or to any combination of use, development or any of those circumstances, requires the certification of a
Pt 4 Div. 1A (Heading and ss 72–76D) inserted by No. 81/2004 s. 26. Division 1A—Amendment of permits by responsible authority New s. 72 inserted by No. 81/2004 s. 26. 72 Application for amendment of permit (1) A person who is entitled to use or develop land in accordance with a permit may apply to the responsible authority for an amendment to the permit. (2) This section does not apply to— S. 72(2)(a) substituted by No. 3/2013 s. 60. (a) a permit or a part of a permit issued at the direction of the Tribunal, if the Tribunal has directed under section 85 that the responsible authority must not amend that permit or that part of the permit (as the case requires); or (b) a permit issued under Division 6. S. 72(3) repealed by No. 3/2013 s. 78. * * * * * New s. 73 inserted by No. 81/2004 s. 26. 73 What is the procedure for the application? (1) Subject to this section, sections 47 to 62 (with any necessary changes) apply to an application to the responsible authority to amend a permit as if— (a) the application were an application for a permit; and (b) any reference to a permit were a reference to the amendment to the permit. S. 73(1A) inserted by No. 40/2014 s. 32. (1A) Section 47(1)(ab), (1A) and (1B) do not apply to an application to the responsible authority to amend a permit.
(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. S. 76D(3) amended by No. 3/2013 s. 31. (3) Sections 59, 61, 64, 64A, 65, 66 and 74 do not apply to an application referred to the Minister under this section. 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). (6) Section 76C and Division 3 of this Part do not apply in relation to— (a) an application referred to the Minister under this section; or (b) an amendment of a permit granted under this section. (7) Division 5 of Part 6 does not apply in respect of a matter that an amendment to a permit under this Division specifies is to be done by, approved by or done to the satisfaction of the Minister.
(b) not to include a condition on the permit that the recommending referral authority recommended. S. 82A inserted by No. 97/1987 s. 176(2), amended by Nos 86/1989 s. 29(9), 52/1998 s. 191(4)(b), repealed by No. 47/2007 s. 10. * * * * * S. 82AA (Heading) inserted by No. 3/2013 s. 68(7). S. 82AA inserted by No. 8/1995 s. 45, amended by No. 52/1998 s. 191(4)(d). 82AA Applications for review—coastal Crown land Despite anything to the contrary in section 77 or 79, an applicant for a permit for the use or development of coastal Crown land within the meaning of the Coastal Management Act 1995, has no right to apply to the Tribunal for review of— (a) a decision by a responsible authority to refuse to grant the permit, if the Minister administering that Act has refused or is deemed to have refused to consent to that use or development under that Act; or (b) the failure of the responsible authority to grant the permit within the prescribed time, if the Minister administering that Act has not consented to that use or development under that Act. S. 82B inserted by No. 128/1993 s. 20. 82B Affected person may seek leave to apply for review S. 82B(1) amended by No. 52/1998 s. 191(4)(e)(i). (1) Any person who is affected may apply to the Tribunal for leave to apply for review of a decision of the responsible authority to grant the permit in any case in which a written objection to
S. 85 (Heading) inserted by No. 3/2013 s. 68(8). 85 Determination of applications S. 85(1) amended by No. 52/1998 s. 191(9)(a)(i). (1) After hearing an application for review, the Tribunal may— (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 review of the refusal or failure of the
S. 85(3) inserted by No. 86/1989 s. 14(2), amended by No. 52/1998 s. 191(9)(b), substituted by No. 81/2004 s. 30(3). (3) If the Tribunal gives a direction under subsection (1)(d)(ii) or (1)(d)(iii) in respect of a requirement for more information which was made within the prescribed time under section 54, the Tribunal must determine a new lapse date for the application which must permit a period for compliance that is not less than the period allowed for in the notice of the requirement. S. 86 repealed by No. 86/1989 s. 15, new s. 86 inserted by No. 62/1991 s. 34, repealed by No. 35/1995 s. 11(2), new s. 86 inserted by No. 52/1998 s. 187. 86 Issue of permit If an order made by the Tribunal requires a responsible authority to issue a permit, the responsible authority must issue that permit— S. 86(a) amended by No. 3/2013 s. 75(4). (a) if the responsible authority is a Minister, within 3 business days after the day on which the responsible authority receives a copy of the order; or S. 86(b) amended by No. 3/2013 s. 75(4). (b) in any other case, within 3 business days after the first ordinary meeting of the responsible authority held after it receives a copy of the order. Pt 4 Div. 3 (Heading) amended by No. 81/2004 s. 31. Division 3—Cancellation and amendment of permits by Tribunal 87 What are the grounds for cancellation or amendment of permits? S. 87(1) amended by Nos 86/1989 s. 16(1), 52/1998 s. 191(11). (1) The Tribunal may cancel or amend any permit if it considers that there has been—
S. 97E inserted by No. 128/1993 s. 22. 97E Panel (1) Subject to subsection (5), the Minister— (a) must refer to a panel appointed under Part 8 any objections and submissions received in respect of an application within 2 weeks after the giving of the last notice required to be given under Division 1 in respect of the application; and (b) may refer to a panel appointed under Part 8 any late objections and submissions. (2) The panel must consider the objections and submissions referred to it and give any person who made an objection or submission referred to it a reasonable opportunity to be heard. S. 97E(2A) inserted by No. 3/2013 s. 79. (2A) The panel must give the applicant a reasonable opportunity to be heard. (3) The panel may give any other person affected a reasonable opportunity to be heard. (4) The panel must report its findings to the Minister setting out the panel's recommendations on the application. (5) The Minister is not required— (a) to refer submissions to a panel if no objections have been received in respect of the application; or S. 97E(5)(b) amended by No. 81/2004 s. 38(1). (b) to refer objections or submissions to a panel if no notice of the application is required to be given under section 52(1) or 57B or the planning scheme and the decision on the application is exempt from sections 64(1), (2) and (3) and 82(1); or
106 Loss on sale (1) The owner of land may claim compensation under section 98 after the sale of the land if— (a) the owner of the land sold it at a lower price than the owner might reasonably have expected to get if the land or part of the land had not been reserved or proposed to be reserved; and S. 106(1)(b) amended by No. 3/2013 s. 57(1). (b) before selling the land, the owner gave the relevant authority not less than 60 days notice in writing of the owner's intention to sell the land. (2) The owner is not required to give notice under subsection (1)(b) if— S. 106(2)(a) amended by No. 3/2013 s. 57(1). (a) the owner and the relevant authority have agreed that the owner does not have to give notice; or (b) before or after the sale, the Minister exempts the owner from giving notice on the ground that the requirement to give notice would cause hardship to the owner. S. 106(3) inserted by No. 3/2013 s. 57(2). (3) In this section relevant authority means— (a) the Minister, public authority or municipal council designated in the planning scheme as the acquiring authority for the purposes of this Act in respect of the land; or (b) if there is no acquiring authority, the planning authority. 107 Compensation for removal or lapsing of reservation
(2) A referral authority is liable to pay compensation under this Part which arises from a refusal to grant a permit if the responsible authority refused to grant the permit because the referral authority objected. S. 109(3) amended by No. 3/2013 s. 58(3). (3) The claimant must claim the compensation from the Minister, the public authority, the relevant municipal council or the referral authority instead of the planning authority. S. 109(4) amended by No. 3/2013 s. 58(4). (4) Despite anything to the contrary in any Act, a public authority or municipal council may pay out of its funds any amount it is required to pay because of this section. (5) Any land which was reserved under the Melbourne Metropolitan Planning Scheme before the commencement of section 21(2) of the Town and Country Planning (Transfer of Functions) Act 1985 for the purposes of the Melbourne and Metropolitan Board of Works (except planning purposes) is to be treated under this section as having been reserved at the request of the Melbourne and Metropolitan Board of Works. (6) The Governor in Council may determine any question arising under subsection (5) as to whether any land had been reserved for planning purposes or for other purposes of the Board of Works. 110 Compensation paid to be noted on title S. 110(1) substituted by No. 85/1998 s. 24(Sch. item 45.2). (1) Any person who has paid compensation under this Act or a corresponding previous enactment to the owner or occupier of any land and who has not already done so under that enactment must lodge a statement with the Registrar of Titles without delay. (2) The statement must in the prescribed manner—
S. 122(4) amended by No. 52/1998 s. 188(4)(f), repealed by No. 28/2000 s. 9. * * * * * (5) In any proceedings for a contravention of an enforcement order or interim enforcement order, it is not relevant whether or not the use or development affected by the order contravened or may have contravened this Act, a planning scheme, a permit condition or an agreement under section 173. 123 Responsible authority may carry out work S. 123(1) amended by No. 52/1998 s. 191(1). (1) The responsible authority, or, with the consent of the Tribunal, any other person may— (a) carry out any work which an enforcement order or interim enforcement order required to be carried out and which was not carried out within the period specified in the order; and (b) recover the costs of the work from the person in default in any court of competent jurisdiction as a debt. S. 123(2) amended by No. 86/1989 s. 25(o)(i)(ii). (2) The responsible authority or other person carrying out any work under subsection (1) may sell any building, equipment or other materials salvaged in carrying out that work if the authority or person is satisfied that the building equipment or materials is or are the property of the land owner or the person against whom the order is made and apply the proceeds of the sale toward payment of the expenses incurred in carrying out the work.
S. 146(b) amended by No. 35/1995 s. 11(1)(e). (b) the form of the document is certified by the Secretary to the Department or, if the Minister directs, by the planning authority. 147 General provisions (1) If this Act requires a person to give, serve or publish any notice or document— (a) the person may cause that notice or document to be given, served or published; and S. 147(1)(b) amended by No. 86/1989 s. 25(q). (b) the person is not required to give or serve the notice or document to or on himself, herself or itself; and S. 147(1)(c) inserted by No. 86/1989 s. 25(q), amended by No. 81/2004 s. 39. (c) the person may give or serve the document personally, by post, or in any other prescribed way. S. 147(2) amended by No. 35/1995 s. 11(1)(f). (2) If this Act requires the Minister to keep any document at the Minister's office, the document may be kept at any office or offices of the Department that the Minister specifies. (3) If a Minister is the planning authority or the responsible authority under this Act any reference in this Act to— (a) the chairperson of the planning authority or responsible authority is a reference to the Minister; and (b) a member or officer of the planning authority or responsible authority is a reference to— S. 147(3)(b)(i) amended by No. 35/1995 s. 11(1)(g). (i) the Department Head of the Minister's department; or
(3) The responsible authority is a party to any proceedings under this section. S. 149A(4) amended by Nos 18/2005 s. 18(Sch. 1 item 81), 17/2014 s. 160(Sch. 2 item 71). (4) The Tribunal's power under this section is exercisable only by a presidential member of the Tribunal or a member of the Tribunal who is an Australian lawyer. S. 149B inserted by No. 52/1998 s. 190. 149B General application for declaration (1) A person may apply to the Tribunal for a declaration concerning— (a) any matter which may be the subject of an application to the Tribunal under this Act; or (b) anything done by a responsible authority under this Act. (2) On an application under subsection (1), the Tribunal may make any declaration it thinks appropriate in the circumstances. (3) The Tribunal's power under this section is exercisable only by a presidential member of the Tribunal. 150 Tribunal orders in relation to proceedings S. 150(1)–(3) repealed by No. 86/1989 s. 20(2). * * * * * S. 150(4) amended by No. 52/1998 s. 191(1). (4) If any proceedings are brought before the Tribunal under this Act and the Tribunal is satisfied that— S. 150(4)(a) amended by No. 128/1993 s. 26(1). (a) the proceedings have been brought vexatiously or frivolously or primarily to secure or maintain a direct or indirect
(a) the Minister becomes the planning authority in respect of the amendment; and (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 (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 S. 186(1)(b) substituted by No. 35/1995 s. 11(1)(j), amended by No. 46/1998 s. 7(Sch. 1). (b) a committee of employees of the Department; or
S. 201E inserted by No. 103/1997 s. 3. 201E Definitions In this Part— declared project means a development or proposed development declared by notice under section 201F to be of State or regional significance; restriction means— (a) a restriction within the meaning of the Subdivision Act 1988; or (b) a covenant under Division 2 of Part 4 of the Heritage Act 1995; or (c) a covenant under section 3A of the Victorian Conservation Trust Act 1972; S. 201E def. of Secretary substituted by No. 27/2009 s. 24(1), amended by No. 27/2009 s. 24(2), substituted by No. 29/2011 s. 3(Sch. 1 item 70.2). Secretary means the body corporate established under section 41A of the Project Development and Construction Management Act 1994. S. 201F inserted by No. 103/1997 s. 3. 201F Declaration of project The Minister may, by notice published in the Government Gazette, declare a development or proposed development to be of State or regional significance. S. 201G inserted by No. 103/1997 s. 3, amended by No. 27/2009 s. 25. 201G Delegation The Secretary may, by instrument, delegate to any person employed in the Department or the holder of any office or position in the Department any of the powers conferred on the Secretary under this Part except—
or by user or operation of law or otherwise, cease; and (c) the land vests in the Secretary without transfer or conveyance freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. S. 201M inserted by No. 103/1997 s. 3. 201M Temporary closure of road For the purposes of a declared project, the Secretary may temporarily close a road or part of a road to traffic if the Secretary considers it necessary to do so so that works on the road or neighbouring land can be carried out. S. 201N inserted by No. 103/1997 s. 3. 201N Recommendation for removal of easements and restrictions (1) For the purposes of a declared project, the Secretary may recommend to the Governor in Council to remove an easement, or restriction applying to any land. (2) Before making a recommendation under subsection (1), the Secretary must— (a) serve notice of the proposed removal on the owner of any property which the Secretary, after making inquiry into the matter, considers is likely to be substantially affected by the removal; and (b) give each of those owners an opportunity to object to the removal; and (c) consider all objections so made. (3) Before making a recommendation under subsection (1), the Secretary must ensure that provision is made for access to any land likely to be prejudicially affected by the removal.
interest or penalty tax imposed under Part 5 of the Taxation Administration Act 1997. S. 201SZJ(2) inserted by No. 31/2011 s. 20. (2) Any amount taken to be paid to the Commissioner under section 201SLM(1) is not required to be paid into, or transferred to, the Consolidated Fund and subsection (1) does not apply to that amount. Division 3—Exemptions and reductions of GAIC liability Subdivision 1—General S. 201T inserted by No. 23/2010 s. 9. 201T Definition In this Division, Board means the Growth Areas Infrastructure Contribution Hardship Relief Board established under Subdivision 4. Subdivision 2—Exemptions other than exemptions granted by Governor in Council or Board S. 201TA inserted by No. 23/2010 s. 9. 201TA Exemption from paying GAIC if no consideration (1) No growth areas infrastructure contribution is payable in respect of a dutiable transaction relating to land that is made for no consideration. (2) In this section consideration has the same meaning as in section 32A of the Duties Act 2000. S. 201TB inserted by No. 23/2010 s. 9. 201TB Exemption from paying GAIC if duties exemption would apply (1) No growth areas infrastructure contribution is payable in respect of a dutiable transaction relating to land if duty would not be chargeable in
(d) investigation area 4—the area of land in the municipal district of Mitchell Shire Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-314; (e) investigation area 5—the area of land in the municipal district of Whittlesea City Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09315; (f) investigation area 6—the area of land in the municipal district of Wyndham City Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-316; Sch. 1 cl. 2(g) amended by No. 21/2013 s. 21. (g) investigation area 7—the area of land in the municipal district of Melton City Council shown as the investigation area on the plan lodged in the Central Plan Office and numbered LEGL./09-317. Part 3––Indexation of threshold amount for excluded building work Section 201RG(2)(b) 3 Indexation of threshold amount for excluded building work Sch. 1 cl. 3(1) amended by Nos 44/2014 s. 33(Sch. item 18(2)), 40/2016 s. 45. (1) The threshold amount that is to apply for the purposes of section 201RG(2)(b) in any financial year subsequent to the 2010/2011 financial year is to be determined in accordance with the following formula—
Assent Date: 24.11.98 Commencement Date: S. 183(Sch. 4 item 3) on 17.2.99: Special Gazette (No. 22) 16.2.99 p. 3 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Licensing and Tribunal (Amendment) Act 1998, No. 101/1998 Assent Date: 1.12.98 Commencement Date: S. 27 on 1.2.99: Government Gazette 24.12.98 p. 3204 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (Amendment) Act 2000, No. 28/2000 Assent Date: 30.5.00 Commencement Date: Ss 3–11 on 31.5.00: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (Restrictive Covenants) Act 2000, No. 100/2000 Assent Date: 12.12.00 Commencement Date: 13.12.00: s. 2 : All of Act in operation Planning and Environment (Metropolitan Green Wedge Protection) Act 2003, No. 43/2003 Assent Date: 11.6.03 Commencement Date: 12.6.03: s. 2 : All of Act in operation Planning and Environment () Act 2003, No. 77/2003 Assent Date: 21.10.03 Commencement Date: 22.10.03: s. 2 : All of Act in operation Road Management Act 2004, No. 12/2004 Assent Date: 11.5.04 Commencement Date: S. 166 on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Mitcham-Frankston Project Act 2004, No. 39/2004 Assent Date: 8.6.04 Commencement Date: S. 261 on 1.7.04: Special Gazette (No. 148) 25.6.04 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Sustainable Forests (Timber) Act 2004, No. 48/2004 Assent Date: 16.6.04 Commencement Date: S. 137 on 17.6.04: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (General Amendment) Act 2004, No. 81/2004