area includes two or more areas of land that are not adjoining; building includes— (a) a structure and part of a building or a structure; and (b) fences, walls, out-buildings, service installations and other appurtenances of a building; and (c) a boat or a pontoon which is permanently moored or fixed to land; S. 3(1) def. of committee of management inserted by No. 86/1989 s. 4(1)(a). committee of management means a committee of management of Crown lands appointed under an Act; conservation includes preservation, maintenance, sustainable use, and restoration of the natural and cultural environment; s. 3 construct includes reconstruct or make structural changes; 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. 27 amended by No. 86/1989 s. 9(a). 27 Planning authority to consider panel's report (1) The planning authority must consider the panel's report before deciding whether or not to adopt the amendment. S. 27(2) inserted by No. 86/1989 s. 9(b). (2) A planning authority may apply to the Minister to exempt it from subsection (1) if the planning authority has not received the panel's report at the end of— (a) 6 months from the panel's appointment; or (b) 3 months from the date on which the panel completed its hearing— whichever is earlier. S. 27(3) inserted by No. 86/1989 s. 9(b). (3) The Minister may exempt a planning authority from subsection (1) if the Minister considers that delay in considering whether or not to adopt the amendment would adversely affect the planning of the area, and may impose conditions to which the exemption is subject. 28 Abandonment of amendment s. 28 The planning authority must tell the Minister in writing if it decides to abandon an amendment or part of an amendment. Division 3—Adoption and approval of amendment 29 Adoption of amendment (1) After complying with Divisions 1 and 2 in respect of an amendment or any part of it, the planning authority may adopt the amendment or that part with or without changes. (2) If a planning authority adopts a part of an amendment that part becomes a separate amendment. 30 When does an amendment lapse?
(a) an amending strategy plan adopted by the Authority under section 14(11) of the and Authority Act 1976 and for which notice has been given under section 14(13) of that Act is deemed to have complied with Division 1 of Part 3 of the Planning and Environment Act 1987; (b) any representations made in relation to an amending regional strategy plan by a person under section 14(16) of the Upper Yarra Valley and Dandenong Ranges Authority Act 1976 within the period specified under that section are deemed to be submissions made under Division 2 of Part 3 of the Planning and Environment Act 1987; (c) a panel appointed under section 14(17) of the Upper Yarra Valley and Dandenong Ranges Authority Act 1976 in relation to an amending regional strategy plan and existing immediately before the repeal of that Act is deemed to be a panel appointed under Part 8 of the Planning and Environment Act 1987; (d) a report of a panel under section 14(29) of the Upper Yarra Valley and Dandenong Ranges Authority Act 1976 in relation to an amending regional strategy plan is deemed to be a report of a panel under section 25 of the Planning and Environment Act 1987; s. 46B (e) a decision by the Minister under section 16(a) or (b) of the Upper Yarra Valley and Dandenong Ranges Authority Act 1976 to proceed with a regional strategy plan is deemed to be an approval by the Minister
undertakings which are not in conformity with the approved regional strategy plan should be carried out, the department, authority or council may make submissions with respect to the proposed works and undertakings to the Premier. (3) After considering any submission under subsection (2), the Premier, on the advice of the Minister, may, despite anything in any other Act, by Order prohibit, either absolutely or on such terms as he or she thinks fit, or restrict or regulate the carrying out of the works or undertakings or any part of them specified in the Order. _______________ Pt 3B (Heading and ss 46H–46Q) inserted by No. 50/1995 s. 3. S. 46H inserted by No. 50/1995 s. 3. 46H Definitions s. 46H In this Part— approved development contributions plan means a development contributions plan which forms part of an approved planning scheme; 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). development agency means a person specified in a development contributions plan as a person responsible for the provision of works, services or facilities for which a community infrastructure levy or development
(2) Sections 46S to 46U and section 46V(1), (2) and (3) apply to the preparation and approval of an amendment to the approved strategy plan as if the amendment were a strategy plan. S. 46X inserted by No. 72/1998 s. 3, substituted by No. 81/2004 s. 17. 46X Planning schemes to comply with approved strategy plan s. 46W 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 Melbourne Airport Environs Area if the amendment is inconsistent with the approved strategy plan. S. 46Y inserted by No. 72/1998 s. 3. 46Y Works to be in conformity with approved strategy plan (1) Subject to subsection (3), a government department, public authority or municipal council must not carry out works in the Melbourne Airport Environs Area which are not in conformity with the approved strategy plan. (2) If a government department, public authority or municipal council considers that any works or undertakings which are not in conformity with the approved strategy plan should be carried out, the department, authority or council may make submissions with respect to the proposed works and undertakings to the Premier. (3) After considering any submission under subsection (2), the Premier, on the advice of the Minister, may, despite anything in any other Act, by order prohibit, either absolutely or on such terms as he or she thinks fit, or restrict or regulate
if the land has been used or developed for more than 2 years before the date of the application in a manner which would have been lawful under this Act but for the existence of the restriction. 48 What if the applicant is not the owner? s. 48 (1) If the applicant is not the owner of the land for which the permit is needed, an application must— (a) be signed by the owner of the land; or (b) include a declaration by the applicant that the applicant has notified the owner about the application. S. 48(2) amended by No. 28/2000 s. 3. (2) A person must not obtain or attempt to obtain a permit by wilfully making or causing to be made any false representation or declaration either orally or in writing. 60 penalty units. 49 Register of applications S. 49(1) amended by No. 47/2007 s. 9. (1) The responsible authority must keep a register containing the prescribed information in respect of— (a) all applications for permits; and (b) all decisions and determinations relating to permits. (2) The responsible authority must make the register available during office hours for any person to inspect free of charge. S. 49(3) inserted by No. 53/2012 s. 5. (3) If the responsible authority in relation to an application for a permit is an officer of the municipal council, the responsible authority in relation to the application for the purposes of this section is the municipal council. S. 50 substituted by No. 81/2004 s. 18. 50 Amendment to application at request of applicant before notice s. 50
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— (a) in accordance with subsection (5) or section 46N; or (b) a condition that a planning scheme requires to be included as referred to in subsection (1)(a); or (c) a condition that a referral authority requires to be included as referred to in subsection (1)(a). S. 63 amended by No. 128/1993 s. 16(1). 63 Grant of permit if no objectors s. 63 Once it has decided in favour of an application, the responsible authority must issue the permit to the applicant if no one has objected 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 (1) The responsible authority must give the applicant and each objector 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— (a) until the end of the period within which an objector may apply to the Tribunal for a review of the decision to grant the permit; or (b) if an application for review is made within that period, until the application is determined by the Tribunal or withdrawn.
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
S. 97C inserted by No. 128/1993 s. 22. 97C Request by responsible authority s. 97C (1) Before a responsible authority makes a decision in respect of an application for a permit in accordance with section 61, the responsible authority may request the Minister to decide the application. (2) If the Minister agrees to the request, the responsible authority must refer the application to the Minister and must not proceed further with the application. S. 97D inserted by No. 128/1993 s. 22. 97D Referral of applications to Minister (1) The first responsible 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 application; and (b) the provision to the Minister of assistance with respect to any steps to be taken under this Part with respect to the application. (2) Division 1 (except sections 59, 61, 63, 64, 65, 66 and 70) applies to any application referred to the Minister under this Division as if— (a) the Minister were the responsible authority; and (b) all steps taken under Division 1 by the first responsible authority had been taken by the Minister. 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
(c) that is directed to be referred to the Minister under Division 6 of Part 4. S. 97MD(3) amended by No. 58/2010 s. 40(2). (3) Sections 59, 60, 61, 62, 73(2), 84(1), 97B and 197 apply in respect of an application for a permit or an amendment to a permit, which the DAC is required under this section to consider and decide, as if a reference to the responsible authority were a reference to that DAC. S. 97ME inserted by No. 66/2009 s. 5, substituted by No. 58/2010 s. 41. 97ME Applications to be considered by a DAC s. 97ME A DAC must consider every DAC application. S. 97MF inserted by No. 66/2009 s. 5. 97MF Powers of a DAC In deciding a DAC application, the DAC has all the powers that the responsible authority would have had to decide on the application if it were not a DAC application. S. 97MG inserted by No. 66/2009 s. 5. 97MG Responsible authority to provide documents and information to DAC To enable a DAC to decide on a DAC application, the responsible authority must provide the following to each member of the DAC constituted to decide that application— (a) a copy of the application; (b) a copy of any comments from a referral authority relating to the application; (c) a copy of any report of a member of staff of the responsible authority in respect of the application; (d) any other document or information relating to the application that is relevant to deciding the application;
(3) The responsible authority may specify in a certificate referred to in section 97N(1)(b) any part of the use or development which would require a permit or is prohibited under the planning scheme at the date of the certificate. (4) The responsible authority must refuse to issue a certificate applied for under section 97N(1)(a) if the use or development or any part of the use or development would require a permit or is prohibited under the planning scheme. (5) The responsible authority must refuse to issue a certificate applied for under section 97N(1)(b) if the whole of the use or development would require a permit or is prohibited under the planning scheme. S. 97P inserted by No. 128/1993 s. 23. 97P Appeal against 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(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. 140(2)(a) amended by No. 43/2003 s. 5(a). (a) the Government Gazette containing notice of the approval, or the ratification under Part 3AA, of the amendment; and S. 140(2)(b) amended by Nos 128/1993 s. 25, 43/2003 s. 5(b). (b) a copy of the amendment appearing to be certified by or on behalf of the Minister, the planning authority, the responsible authority or the municipal council with whom the amendment is lodged under section 40, to be a true copy of the amendment as approved or as approved and ratified (as the case may be)— s. 140 is evidence of the valid making and publication of the amendment and of the contents of the amendment. (3) In any proceedings under this Act, the production of any instrument, document, map or plan— (a) appearing to be an instrument, document, map or plan made or issued in connection with a planning scheme or an amendment to a planning scheme or a true copy of one of those things; and (b) appearing to be certified as such by the secretary of the responsible authority— is evidence until the contrary is proved of the proper making, existence and approval of the instrument, document, map or plan and of all preliminary steps necessary to give full effect to it and of its contents. 141 Evidence of planning scheme provisions and permits s. 141 (1) In any proceedings under this Act a statement in writing appearing to be signed by the secretary of
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 s. 147 (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 S. 147(3)(b)(ii) amended by Nos 35/1995 s. 11(1)(h), 46/1998 s. 7(Sch. 1). (ii) any employee of the Minister's department. S. 147(4) amended by Nos 35/1995 s. 11(1)(i) (i)–(iii), 46/1998 s. 7(Sch. 1). (4) Any reference in this Act to an authorised officer of a responsible authority or of the Department is a reference to an officer or employee of the authority or employee of the Department whom the authority or the Secretary to the Department (as the case requires) authorises in writing generally or in a particular case to carry out the duty or function or to exercise the power in connection with which the expression is used.
S. 150(6) inserted by No. 128/1993 s. 26(2). (6) The Tribunal may make an order under subsection (4) whether or not the responsible authority has under section 57 rejected an objection by the person bringing the proceedings on the ground that it was made primarily to secure or maintain a direct or indirect commercial advantage for the objector. s. 150 _______________ 151 Advisory committees s. 151 (1) The Minister may establish committees to advise on any matters which the Minister refers to them. (2) The Minister may appoint one of the members of a committee to be the chairperson of the committee. S. 151(3) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 155.2), 80/2006 s. 26(Sch. item 82). (3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of a committee in respect of the office of member. (4) The Governor in Council may fix fees and allowances for all members of a committee or for particular members or classes of members. (5) A member of a committee is entitled to be paid any fees and allowances which the Governor in Council fixes. (6) Subject to the regulations, a committee may regulate its own proceedings.
(b) the conditions subject to which the land may be used or developed for specified purposes; (c) any matter intended to achieve or advance— (i) the objectives of planning in ; or (ii) the objectives of the planning scheme or any amendment to the planning scheme of which notice has been given under section 19; (d) any matter incidental to any one or more of the above matters. 175 Bonds and guarantees S. 175(1) amended by No. 86/1989 s. 4(2)(k). s. 175 (1) An agreement other than an agreement with a Minister may include a condition that the owner is to deposit with the responsible authority— (a) a sum of money fixed by or determined in accordance with the agreement; or S. 175(1)(b) amended by No. 86/1989 s. 22. (b) an undertaking to pay that sum together with security in a form determined by or in accordance with the agreement. (2) The agreement may provide that the sum or part of the sum is forfeited if there is any failure by the owner to carry out the agreement to the satisfaction of the responsible authority. (3) Any money paid must be returned to the owner on a date or dates specified in the agreement to the extent that it has not been forfeited. (4) Any money payable under this section is a charge on the land which is the subject of the agreement.
S. 201E inserted by No. 103/1997 s. 3. 201E Definitions s. 201E 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—
certificate of deferral has the meaning set out in section 201SZ; certificate of exemption has the meaning set out in section 201SZC; certificate of no GAIC liability has the meaning set out in section 201SZD; certificate of partial release has the meaning set out in section 201SZB; certificate of release has the meaning set out in section 201SY; certificate of staged payment approval has the meaning set out in section 201SZA; commencement day means the day on which section 9 of the Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010 comes into operation; Commissioner means the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997; S. 201R def. of construction inserted by No. 2/2012 s. 3. construction has the meaning that it has in the Building Act 1993; consumer price index means the Consumer Price Index (All Groups Index) for issued by the Australian Statistician; contract for the sale of land includes an agreement granting an option to purchase or sell land, which creates a contingent or executory equitable estate or interest in the land; s. 201R contribution area has the meaning set out in section 201RC;
S. 201SZI inserted by No. 23/2010 s. 9. 201SZI Certificate not to be taken as an assessment A certificate issued by the Commissioner under this Subdivision is not to be taken to be an assessment for the purposes of Part 10 of the Taxation Administration Act 1997. Subdivision 6—GAIC to be paid into Consolidated Fund S. 201SZJ inserted by No. 23/2010 s. 9, amended by No. 31/2011 s. 20 (ILA s. 39B(1)). 201SZJ Commissioner to pay GAIC into Consolidated Fund (1) The Commissioner must transfer to the Consolidated Fund as soon as is practicable any money received in respect of a growth areas infrastructure contribution, including any interest paid under section 201SP or 201SV and any 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 s. 201SZI 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.
S. 202(a) amended by No. 81/2004 s. 42(1). (a) prescribing any manner or form of giving notice of a planning scheme or an amendment or an application for a permit or an amendment of a permit; and (b) permitting any notice under this Act to be given jointly with or as part of any notice given under any other Act; and S. 202(ba) inserted by No. 81/2004 s. 42(2). (ba) providing for matters to be covered in a review of a planning scheme; and S. 202(c) substituted by No. 52/1998 s. 191(13)(d). (c) prescribing— (i) the time after which an application may be made to the Tribunal for review of a failure by a responsible authority to determine an application; (ii) the times from which the periods for other applications for review begin to run; (iii) the times within which applications to the Tribunal may be made under this Act; (iv) different times under this paragraph for different classes of applications; S. 202(ca) inserted by No. 62/1991 s. 37, repealed by No. 52/1998 s. 191(13)(d). * * * * * (d) prescribing any event after which or any time within which anything for the purposes of this Act must or may be done; and (e) prescribing regions for the purposes of this Act; and
S. 216 inserted by No. 81/2004 s. 44. 216 Transitional—Amendment of permits s. 216 Despite the repeal of section 62(3) by the Planning and Environment (General Amendment) Act 2004, that provision continues to apply to any permit granted before or within 3 months after the commencement of section 24 of that Act. S. 217 inserted by No. 47/2007 s. 17. 217 Transitional—Planning and Environment Amendment Act 2007 An authorisation given to a municipal council under section 9(2) of this Act as in force immediately before the commencement of section 5 of the Planning and Environment Amendment Act 2007 is taken on and after that commencement to be an authorisation of that municipal council under section 8A(3). S. 218 inserted by No. 23/2010 s. 12, substituted by No. 31/2011 s. 26. 218 Transitional provisions—Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 (1) Despite the amendment made to section 201SM(1) by section 10(1) of the Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011, section 201SM(1) continues to apply to a person whose liability to pay a growth areas infrastructure contribution arose under Part 9B immediately before the commencement of that section 10(1) as if the amendment had not been made. (2) An application made under section 201TE to, and not finally determined by, the Governor in Council immediately before the commencement of section 21 of the Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011 is taken to be an application made to the Minister under section 201TE as substituted by that section 21
S. 219 inserted by No. 58/2010 s. 43. 219 Transitional provisions—DAC Activity Centre Areas s. 219 (1) Any land within an Activity Centre Boundary in respect of an Activity Centre Zone in a planning scheme as in force immediately before the commencement of section 37 of the Local Government and Planning Legislation Amendment Act 2010 is taken to be a DAC Activity Centre Area for the purposes of Part 4AA. (2) Section 20(6) as substituted by section 36 of the Local Government and Planning Legislation Amendment Act 2010 does not apply to an amendment to a planning scheme to include any land taken to be a DAC Activity Centre Area under subsection (1). S. 220 inserted by No. 38/2012 s. 25. 220 Transitional provisions—Duties Amendment (Landholder) Act 2012 (1) For the purposes of the definition of relevant acquisition in section 201RE(2), an interest within the meaning of that section must not be aggregated with any other interest acquired in a landholder if the interest is excluded from the application of section 78(1)(a)(ii) of the Duties Act 2000 because of the application of clause 31 of Schedule 2 of that Act. (2) Section 201S does not apply in respect of any land or part of land that is the subject of an interest within the meaning of section 201RE(2) if the interest is not chargeable with duty under the Duties Act 2000 because of the application of clause 31 of Schedule 2 of that Act. __________________
Assent Date: 15.11.11 Commencement Date: S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 7 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment Amendment (Schools) Act 2012, No. 2/2012 Assent Date: 14.2.12 Commencement Date: 15.2.12: s. 2 : All of Act in operation Duties Amendment (Landholder) Act 2012, No. 38/2012 Assent Date: 27.6.12 Commencement Date: Ss 16–25 on 1.7.12: s. 2 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 39) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment Amendment (VicSmart Planning Assessment) Act 2012, No. 53/2012 Assent Date: 18.9.12 Commencement Date: Ss 3–10 on 20.5.13: s. 2(2) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Traditional Owner Settlement Amendment Act 2013, No. 4/2013 Endnotes Assent Date: 19.2.13 Commencement Date: S. 30 on 8.3.13: Special Gazette (No. 70) 5.3.13 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes