46AW Chairperson and Deputy Chairperson 67 46AX Conditions of appointment of members 68 46AY Meetings 68 46AZ Validity of decisions 69 46AZA Disclosure of interests 69 46AZB Chief Executive Officer 70 46AZC Staff 71 46AZD Power of delegation 71 Division 3—Business plan 71 46AZE Annual business plan 71 Division 4—General 72 46AZF Confidential information 72 74 46A Definitions 74 46B Saving of approved regional strategy plan and amending plans 75 46C Amendment of strategy plan 77 46D Approval of Parliament needed after appointed day 77 46E Availability of amendment 78 46F Planning schemes to comply with approved regional strategy plan 79 46G Works to be in conformity with approved regional strategy plan 79 80 46H Definitions 80 46I Development contributions plan 81 46IA Plans not to apply to certain growth area land for provision of State infrastructure 81 46J What can a plan provide for? 81 46K Contents of plan 82 46L Community infrastructure levy not to exceed maximum 83 46M Directions 84 46N Collection of development infrastructure levy 85 46O Collection of community infrastructure levy 86 46P Provisions applying to collection of levies 87 46Q Responsibilities of municipal councils 88 46QA Responsibilities of collecting agencies 89 46QB Responsibilities of development agencies 90 46QC Recovery of levy as debt 92 PART PART
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 business day inserted by No. 3/2013 s. 75(1). business day means a day other than— (a) a Saturday or a Sunday; or (b) a day appointed under the Public Holidays Act 1993 as a public holiday or public half-holiday; 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;
public purpose includes any purpose for which land may be compulsorily acquired under any Act to which the Land Acquisition and Compensation Act 1986 applies; S. 3(1) def. of referral authority inserted by No. 3/2013 s. 14. recommending 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 recommending referral authority for applications of that kind; S. 3(1) def. of referral authority inserted by No. 3/2013 s. 14. referral authority means a body or person specified in a planning scheme as— (a) a determining referral authority; or (b) a recommending referral authority; S. 3(1) def. of registered restrictive covenant inserted by No. 100/2000 s. 4. registered restrictive covenant means a restriction within the meaning of the Subdivision Act 1988; road includes highway, street, lane, footway, square, court, alley or right of way, whether a thoroughfare or not and whether accessible to the public generally or not; S. 3(1) def. of secretary amended by Nos 125/1993 s. 20(10), 35/1995 s. 11(1)(b). secretary in relation to a responsible authority or planning authority being— (a) a Minister, means the Department Head of the Minister's department; and s. 3 (b) a municipal council, means the Chief Executive Officer of the council; and
(i) state the provisions of the planning scheme which would have applied to land reserved for a public purpose under the planning scheme if it had not been reserved for this purpose; (j) apply, adopt or incorporate any document which relates to the use, development or protection of land; S. 6(2)(k) amended by No. 53/1988 s. 45(Sch. 2 item 31). (k) provide that any use or development of land is conditional on an agreement being entered into with the responsible authority or a referral authority; S. 6(2)(ka) inserted by No. 86/1989 s. 5(1). (ka) set out classes of land, use or development exempted from section 96(1) or (2); S. 6(2)(kb) inserted by No. 48/1991 s. 59(b). (kb) make any provision in relation to any of the things listed in the Table in section 24A(1) of the Subdivision Act 1988; S. 6(2)(kc) inserted by No. 128/1993 s. 4. (kc) set out classes of applications for permits exempted wholly or in part from section 52(1) and set out notice requirements (if any) to apply in place of the requirements of that subsection; S. 6(2)(kca) inserted by No. 53/2012 s. 3(2). (kca) set out classes of applications for permits that are exempted from the requirements of section 54; S. 6(2)(kcb) inserted by No. 53/2012 s. 3(2), amended by No. 3/2013 s. 76(4). (kcb) set out classes of applications for permits that are exempted wholly or in part from the requirements of section 60(1)(b) to (f) and (1A);
S. 6(2)(kd) inserted by No. 128/1993 s. 4. s. 6 (kd) set out classes of applications the decisions on which are exempted from the requirements of section 64(1), (2) and (3) and section 82(1); S. 6(2)(kda) inserted by No. 53/2012 s. 3(3). (kda) set out classes of applications for review that are exempted wholly or in part from the requirements of section 84B(2)(b) to (ja); S. 6(2)(ke) inserted by No. 128/1993 s. 4. (ke) subject to subsection (3), specify what effect (if any) the planning scheme will have on a use or development of land for which a permit or certificate of compliance has been issued; (l) provide for any other matter which this Act refers to as being included in a planning scheme. S. 6(3) amended by No. 86/1989 s. 6(1). (3) Subject to subsections (4) and (4A), nothing in any planning scheme or amendment shall— (a) prevent the continuance of the use of any land upon which no buildings or works are erected for the purposes for which it was being lawfully used before the coming into operation of the scheme or amendment (as the case may be); or s. 6 (b) prevent the use of any building which was erected before that coming into operation for any purpose for which it was lawfully being used immediately before that coming into operation; or (c) prevent the use of any works constructed before that coming into operation for any purpose for which they were being lawfully used immediately before that coming into operation; or (d) prevent the use of any building or work for any purpose for which it was being lawfully
14 What are the duties of a responsible authority? s. 14 The duties of a responsible authority are— S. 14(a) amended by No. 81/2004 s. 6. (a) to efficiently administer and enforce the planning scheme; and S. 14(aa) inserted by No. 86/1989 s. 7(1). (aa) to enforce any enforcement order or interim enforcement order relating to land covered by a planning scheme for which it is the responsible authority; and (b) to implement the objectives of the planning scheme; and (c) to comply with this Act and the planning scheme; and S. 14(d) amended by No. 3/2013 s. 72. (d) to provide information and reports as required by the Minister. S. 14A inserted by No. 3/2013 s. 15. 14A What are the duties of a referral authority? A referral authority must, in relation to any matter referred to it under this Act— (a) have regard to the objectives of planning in Victoria in considering the matter; and (b) have regard to the Minister's directions; and (c) comply with this Act; and (d) have regard to the planning scheme; and (e) provide information and reports as required by the Minister. 15 Changes in boundaries
amendment provides for the removal or variation of the covenant; and (d) to the Minister administering the Land Act 1958 if the amendment provides for the closure of a road wholly or partly on Crown land. S. 19(1A) inserted by No. 128/1993 s. 5. (1A) Subject to subsection (1C), the planning authority is not required to give notice of an amendment under subsection (1)(b) if it considers the number of owners and occupiers affected makes it impractical to notify them all individually about the amendment. S. 19(1B) inserted by No. 128/1993 s. 5. (1B) A planning authority which does not give notice under subsection (1)(b) for the reasons set out in subsection (1A) must take reasonable steps to ensure that— (a) public notice of the proposed amendment is given in the area affected by the amendment; and (b) that notice states that owners and occupiers of land referred to in subsection (1)(b) are entitled to make submissions in accordance with sections 21 and 21A. S. 19(1C) inserted by No. 128/1993 s. 5. (1C) Subsection (1A) does not apply in relation to the giving of notice to an owner of land of an amendment which provides for— (a) the reservation of that land for public purposes; or (b) the closure of a road which provides access to that land. s. 19 (2) A planning authority must publish a notice of any amendment it prepares in a newspaper generally circulating in the area to which the amendment applies.
(b) the amendment is of a class exempted from this requirement by the regulations. 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. S. 21(4) inserted by No. 77/1996 s. 12(1). (4) Despite subsection (3), a person is entitled to make a submission which requests that a State standard provision be included in or deleted from the scheme. S. 21A inserted by No. 86/1989 s. 8. 21A Joint submissions (1) Two or more persons may make one submission to a planning authority under section 21 or the Minister under section 34. (2) If a number of persons make one submission, they may give the planning authority or Minister (as the case requires)—
S. 25A inserted by No. 77/1996 s. 13. 25A Recommendation by panel to Minister (1) The panel may recommend to the Minister that an amendment be prepared to the Victoria Planning Provisions. (2) Subsection (1) does not apply if the Minister is the planning authority. S. 26 substituted by No. 5/1988 s. 4. 26 Reports to be made public s. 26 (1) The planning authority may make the panel's report available at its office during office hours for any person to inspect free of charge at any time after the planning authority receives the report and must make it so available forthwith if— (a) the planning authority has decided whether or not to adopt the amendment; or (b) 28 days have elapsed since it received the panel's report. (2) A report made available for inspection under subsection (1) must be kept available for inspection until the end of two months after the amendment comes into operation or lapses. 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. 46AM inserted by No. 43/2003 s. 3. 46AM Application of Division 5 of Part 4 If a permit has been granted under Division 5 of Part 4 and the amendment to which the permit applies is an amendment to which this Division applies— (a) if the amendment lapses under section 46AK(1), the permit is deemed to be cancelled on that lapsing; (b) if the amendment is ratified under this Division, the notice under section 46AI of ratification must also specify the places at which any person may inspect the permit. s. 46AM __________________ Pt 3AAB (Heading and ss inserted by No. 33/2006 s. 5. Division 1—Introduction S. 46AN inserted by No. 33/2006 s. 5. 46AN Definitions s. 46AN In this Part— Chief Executive Officer means the Chief Executive Officer appointed under section 46AZB; member means a member of the Growth Areas Authority. S. 46AO inserted by No. 33/2006 s. 5. 46AO What is a growth area?
S. 46D inserted by No. 118/1994 s. 13. 46D Approval of Parliament needed after appointed day (1) On and from the appointed day— (a) sections 36, 37 and 38 cease to apply to an amendment to the approved regional strategy plan; and (b) the Minister must cause each approved amendment to the approved regional strategy plan to be laid before each House of Parliament within 7 sitting days of that House after the amendment is approved under section 35; and (c) an approved amendment does not take effect unless it is also approved by a resolution passed by each House of Parliament within 10 sitting days after it is laid before that House. (2) The Minister must publish a notice of the approval of an amendment under subsection (1) in the Government Gazette specifying the place or places at which any person may inspect the amendment. (3) An amendment approved under subsection (1) comes into operation— (a) when the notice of approval of the amendment is published in the Government Gazette; or (b) on any later day or days specified in the notice. S. 46E inserted by No. 118/1994 s. 13. 46E Availability of amendment s. 46E
(c) an amendment to any plans and other documents forming part of or accompanying the application. (3) The responsible authority may require the applicant— (a) to notify the owner under subsection (1); and (b) to make a declaration that that notice has been given. (4) The responsible authority must make a note in the register if any amendment is made to an application under this section. (5) On the amendment of an application under this section, the amended application is to be taken— (a) to be the application for the purposes of this Act; and (b) to have been received on the day that the applicant agreed to the amendment. S. 51 substituted by No. 128/1993 s. 12. 51 Applications to be made available to the public The responsible authority must make a copy of every application and the prescribed information supplied in respect of it available at its office for any person to inspect during office hours free of charge until— S. 51(a) amended by No. 52/1998 s. 191(2)(b). (a) the end of the latest period during which an application for review may be made under section 77, 79, 80 or 82 in relation to the application or the permit; or S. 51(b) substituted by No. 52/1998 s. 191(2)(c). (b) if an application for review is made to the Tribunal within that period, the application is determined by the Tribunal or withdrawn. 52 Notice of application s. 51 (1) Unless the responsible authority requires the applicant to give notice, the responsible authority
S. 56A inserted by No. 3/2013 s. 19. 56A Referral authority to keep register (1) The referral authority must keep a register containing the prescribed information in respect of all applications referred to it under sections 55 and 57C. (2) The referral authority must make the register available at its office during office hours for any person to inspect free of charge. 57 Objections to applications for permits s. 56A (1) Any person who may be affected by the grant of the permit may object to the grant of a permit. S. 57(1A) inserted by No. 100/2000 s. 8. (1A) If the permit would allow the removal or variation of a registered restrictive covenant or if anything authorised by the permit would result in a breach of a registered restrictive covenant, an owner or occupier of any land benefited by the covenant is deemed to be a person affected by the grant of the permit. S. 57(2) amended by No. 128/1993 s. 14(1). (2) An objection must be made to the responsible authority in writing stating the reasons for the objection and stating how the objector would be affected by the grant of the permit. S. 57(2A) inserted by No. 128/1993 s. 14(2). (2A) The responsible authority may reject an objection which it considers has been made primarily to secure or maintain a direct or indirect commercial advantage for the objector. S. 57(2B) inserted by No. 128/1993 s. 14(2). (2B) If an objection has been rejected under subsection (2A) this Act applies as if the objection had not been made. (3) If a number of persons make one objection, they may give the responsible authority the name and address of the person to whom the responsible authority is to give notice of the decision.
S. 57C(3) inserted by No. 3/2013 s. 20(2). (3) A 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 amended application. S. 58 amended by No. 66/2009 s. 4 (ILA s. 39B(1)). 58 Responsible authority to consider all applications s. 58 S. 58(1) amended by No. 3/2013 s. 4(1). (1) The responsible authority must consider every application for a permit. S. 58(2) inserted by No. 66/2009 s. 4(2), repealed by No. 3/2013 s. 4(2). * * * * * S. 58A inserted by No. 3/2013 s. 9. 58A Responsible authority may request advice from Planning Application Committee A responsible authority, with the consent of the Minister, may ask the Planning Application Committee for advice in relation to an application for a permit or a class of applications for permits. 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.
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)). s. 62 (j) a condition requiring changes to be made to any plan or drawing forming part of the application for the permit; and
S. 66(6) inserted by No. 3/2013 s. 26(2). (6) The responsible authority must give a recommending referral authority a copy of any permit which it decides to grant and a copy of any notice given under section 64 or 65 if— (a) the recommending referral authority did not object to the grant of the permit; or (b) the recommending referral authority did not recommend a condition be included on the permit. 67 When does a permit begin? s. 67 A permit operates— (a) from the date specified in the permit; or (b) if no date is specified, from— S. 67(b)(i) amended by No. 52/1998 s. 191(1). (i) the date of the decision of the Tribunal, if the permit was issued at the direction of the Tribunal; or (ii) the day on which it is issued, in any other case. 68 When does a permit expire? (1) A permit for the development of land expires if— (a) the development or any stage of it does not start within the time specified in the permit; or S. 68(1)(aa) inserted by No. 128/1993 s. 17. (aa) the development requires the certification of a plan of subdivision or consolidation under the Subdivision Act 1988 and the plan is not certified within two years of the issue of the permit, unless the permit contains a different provision; or
70 Availability of permit The responsible authority must make a copy of every permit that it issues available at its office for inspection by any person during office hours free of charge. 71 Correction of mistakes S. 71(1) amended by No. 81/2004 s. 25(1). (1) A responsible authority may correct a permit issued by the responsible authority (including a permit issued at the direction of the Tribunal) if the permit contains— s. 70 (a) a clerical mistake or an error arising from any accidental slip or omission; or (b) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the permit. (2) The responsible authority must note the correction in the register. S. 72 amended by No. 86/1989 s. 4(2)(b), repealed by No. 81/2004 s. 25(2). * * * * * S. 73 amended by Nos 128/1993 s. 18(a)(b), 52/1998 s. 191(1), 28/2000 s. 5, 100/2000 s. 11(2) (ILA s. 39B(1)), repealed by No. 81/2004 s. 25(2). * * * * * Ss 74–76 repealed by No. 81/2004 s. 25(2). * * * * *
(3) Any conditions to which an amendment to a permit is subject form part of the permit when it is issued. Note An application may be made under section 69 to extend the time within which a use or development or any stage of it is to be started or a development or any stage of it is to be completed. New s. 74 inserted by No. 81/2004 s. 26, amended by No. 3/2013 s. 27. 74 Issue of amended permit if no objectors s. 74 Subject to section 75A, once it has decided in favour of an application to amend a permit, the responsible authority must issue an amended permit to the applicant if no one has objected under section 57 or if notice of the decision to grant the amendment to the permit is not required to be given to objectors under section 64. New s. 75 inserted by No. 81/2004 s. 26. 75 Decision to amend permit if there are objectors Section 64 (with any necessary changes) applies to a decision to grant an amendment to a permit as if— (a) a reference to a decision to grant a permit were a reference to the decision to grant the amendment; and (b) a reference to the issue of a permit were a reference to the issue of an amended permit. S. 75A inserted by No. 3/2013 s. 28. 75A Decision to amend permit if recommending referral authority objected to or recommended condition that was not included Section 64A (with any necessary changes) applies to a decision to grant an amendment to a permit as if— (a) a reference to a decision to grant a permit were a reference to the decision to grant the amendment; and
(b) a reference to the issue of a permit were a reference to the issue of an amended permit. New s. 76 inserted by No. 81/2004 s. 26. 76 Refusal of amendment s. 76 S. 76(1) amended by No. 3/2013 s. 29(1). (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 refuse to grant an amendment to a permit. S. 76(2) amended by No. 3/2013 s. 29(2). (2) The notice must set out the specific grounds on which the application is refused and state whether the grounds were those of the responsible authority or a determining referral authority. S. 76A inserted by No. 81/2004 s. 26, amended by No. 3/2013 s. 30 (ILA s. 39B(1)). 76A Notice to referral authority (1) The responsible authority must give each relevant determining referral authority a copy of the amended permit, if it decides to grant an amendment to the permit, and a copy of any notice given under section 64 or 76. S. 76A(2) inserted by No. 3/2013 s. 30. (2) The responsible authority must give a recommending referral authority a notice in the prescribed form of its decision to grant an amendment to a permit if— (a) the recommending referral authority objected to the grant of the amendment to the permit; or (b) the responsible authority decided not to include a condition on the amended permit recommended by the recommending referral authority. S. 76A(3) inserted by No. 3/2013 s. 30. (3) A notice given under subsection (2) must set out any conditions to which the permit will be subject.
Pt 4 Div. 2 (Heading) substituted by No. 52/1998 s. 191(4)(a). Division 2—Reviews by Tribunal S. 77 (Heading) inserted by No. 3/2013 s. 68(1). S. 77 amended by No. 52/1998 s. 191(4)(b). 77 Applications for review of refusals to grant permits 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 (Heading) inserted by No. 3/2013 s. 68(2). S. 78 amended by No. 52/1998 s. 191(4)(b). 78 Applications for review of 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 (Heading) inserted by No. 3/2013 s. 68(3). S. 79 amended by No. 52/1998 s. 191(4)(b). 79 Applications for review of failures to grant permits 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. 81(3) inserted by No. 3/2013 s. 61(1). (3) Despite subsection (1) and clause 62 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, an application cannot be made to the Tribunal for review of a decision referred to in subsection (1)(a) or (aa) or a failure referred to in subsection (1)(b) unless the request to the responsible authority for the extension of time was made within the time specified under section 69(1) or (1A) (as the case requires). S. 82 (Heading) inserted by No. 3/2013 s. 68(6). 82 Applications for review where objectors s. 82 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. 82AAA inserted by No. 3/2013 s. 32. 82AAA Request for review by recommending referral authority A recommending referral authority may apply to the Tribunal for review of a decision of the responsible authority— (a) to grant a permit, if the recommending referral authority objected to the grant of the permit; or
the grant of the permit was received by the responsible authority. 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 S. 83(1) substituted by No. 3/2013 s. 33(1) (as amended by No. 34/2013 s. 36). (1) In addition to any other party to a proceeding for review under this Act, a determining referral authority is a party to a proceeding for review—
had no power to impose the condition; and (ii) it considers that the permit should not or would not have been granted without the condition. S. 85(1A) inserted by No. 3/2013 s. 64. (1A) If the Tribunal directs the responsible authority to issue a permit under subsection (1)(b) or directs that a permit contain specified conditions under subsection (1)(e), the Tribunal may direct that the permit or a specified part of the permit must not be amended by the responsible authority under Division 1A. S. 85(2) substituted by No. 52/1998 s. 191(10). (2) If the Tribunal gives a direction under subsection (1)(d)(i), the prescribed period for the purpose of making an application for review under section 79 begins on the day on which the direction is given. 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 s. 86 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— (a) a material mis-statement or concealment of fact in relation to the application for the permit; or (b) any substantial failure to comply with the conditions of the permit; or s. 87 (c) any material mistake in relation to the grant of the permit; or (d) any material change of circumstances which has occurred since the grant of the permit; or S. 87(1)(e) amended by No. 81/2004 s. 32(1). (e) any failure to give notice in accordance with this Act; or (f) any failure to comply with section 55, 61(2) or 62(1).
S. 87(2) amended by No. 86/1989 s. 16(1), substituted by No. 126/1993 s. 264(Sch. 5 item 17.2), amended by No. 52/1998 s. 191(11). (2) The Tribunal may amend any permit to comply with the building regulations made under the Building Act 1993 if a building permit cannot be obtained under that Act for the development for which the permit under this Act was issued because the development does not comply with those regulations. S. 87(3) amended by No. 52/1998 s. 191(11). (3) The Tribunal may cancel or amend a permit at the request of— (a) the responsible authority; or (b) any person under section 89; or (c) a referral authority; or s. 87 S. 87(3)(d) amended by No. 81/2004 s. 32(2). (d) the owner or occupier of the land concerned; or S. 87(3)(e) inserted by No. 81/2004 s. 32(2). (e) any person who is entitled to use or develop the land concerned. S. 87(4) amended by No. 86/1989 s. 16(2), substituted by No. 81/2004 s. 32(3). (4) Nothing in this Division affects the power of a responsible authority to amend a permit under Division 1A. S. 87(5) inserted by No. 86/1989 s. 16(3), amended by No. 52/1998 s. 191(11). (5) The Tribunal cannot cancel or amend a permit granted by the Governor in Council under section 95.
91 Determination by Tribunal S. 91(1) amended by No. 52/1998 s. 191(1). s. 91 (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— (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. 96A(4)(c) inserted by No. 100/2000 s. 13(2). (c) if the land is burdened by a registered restrictive covenant, be accompanied by a copy of the covenant; and S. 96A(4)(d) inserted by No. 100/2000 s. 13(2). (d) if the application is for a permit to allow the removal or variation of a registered restrictive covenant or if the grant of the permit would authorise anything which would result in a breach of a registered restrictive covenant, be accompanied by— (i) information clearly identifying each allotment or lot benefited by the registered restrictive covenant; and (ii) any other information that is required by the regulations. (5) An application cannot be made under this section after the notice of the proposed amendment to the planning scheme has been given under section 19. S. 96A(6) amended by No. 81/2004 s. 36(a). (6) Sections 48, 49, 50 and 50A apply to an application under this section as if— (a) it were an application under Division 1; and S. 96A(6)(b) amended by No. 81/2004 s. 36(b). (b) in sections 50 and 50A a reference— (i) to the responsible authority were a reference to the planning authority; and (ii) to section 52 were a reference to section 96C(1). 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—
(2) A planning authority must publish a notice of the amendment and the application in a newspaper generally circulating in the area to which the amendment applies. S. 96C(2A) inserted by No. 100/2000 s. 14(2). s. 96C (2A) A planning authority must cause notice of an amendment providing for the removal or variation of a registered restrictive covenant to be given by placing a sign on the land which is the subject of the amendment. S. 96C(2B) inserted by No. 100/2000 s. 14(2). (2B) A sign under subsection (2A) must state the place where a copy of the proposed permit under this Division may be inspected. S. 96C(3) amended by No. 100/2000 s. 14(3). (3) On the same day that it gives the last of the notices under subsections (1), (2) and (2A) or after that day, the planning authority must publish a notice of the preparation of the amendment and of the application in the Government Gazette. (4) Any notice must— (a) be given in accordance with the regulations; and (b) set a date for submissions to the planning authority which, if notice of the preparation of the amendment and the application is given in the Government Gazette, must be not less than one month after the date that the notice is given in the Government Gazette. (5) The failure of a planning authority to give a notice under subsection (1) does not prevent— (a) the adoption of the amendment by the planning authority or its submission to or approval by the Minister; or (b) the grant of a permit under this Division. (6) Subsection (5)(a) does not apply to a failure to notify an owner of land about the preparation of an amendment which provides for—
S. 96I inserted by No. 77/1996 s. 14. 96I Minister may grant permit on approval of amendment s. 96I (1) If a planning authority has recommended the grant of a permit under section 96H, the Minister may— (a) grant the permit; or (b) grant the permit subject to conditions the Minister thinks fit; or (c) refuse to grant the permit on any ground the Minister thinks fit. S. 96I(1A) inserted by No. 100/2000 s. 15. (1A) If the grant of a permit would authorise anything which would result in a breach of a registered restrictive covenant, the Minister must refuse to grant the permit unless— (a) the amendment to which the permit applies provides for the variation or removal of the covenant; or (b) a permit has been issued, or a decision made to grant a permit, to allow the removal or variation of the covenant. S. 96I(1B) inserted by No. 100/2000 s. 15. (1B) If the grant of the permit would authorise anything which would result in a breach of a registered restrictive covenant, the permit must be granted subject to a condition that the permit is not to come into effect until the covenant is removed or varied. (2) In addition to subsection (1), the Minister may grant a permit under this section subject to any conditions the Minister thinks fit, if the Minister considers that, as a result of changes made to an amendment under Part 3, it is appropriate that a permit be granted under this section for any purpose for which the planning scheme as amended by the proposed amendment would require a permit to be obtained.
(a) a decision by the responsible authority to refuse to issue a certificate of compliance; or (b) the failure of the responsible authority to issue the certificate within the prescribed time. S. 97P(1A) inserted by No. 3/2013 s. 66(2). (1A) In reviewing a decision or failure to issue a certificate under this section, the Tribunal may confine its review to particular matters in dispute if all parties agree, and for this purpose section 84B applies as if the reference to an application for review were a reference to an application for review as so confined. S. 97P(2) amended by No. 52/1998 s. 191(13) (a)(ii). (2) After hearing an application, the Tribunal may— (a) direct that a certificate must not be issued; or (b) direct the responsible authority to issue the certificate. S. 97P(3) amended by No. 52/1998 s. 191(13) (a)(iii). (3) The responsible authority must comply with the directions of the Tribunal. S. 97Q inserted by No. 128/1993 s. 23. 97Q Cancellation or amendment of certificate s. 97Q S. 97Q(1) amended by No. 52/1998 s. 191(1). (1) Any person may request the Tribunal to cancel or amend a certificate of compliance issued under this Part if the person believes that the person has been adversely affected by a material misstatement or concealment of fact in relation to the application for the certificate or a material mistake in relation to the issue of the certificate. S. 97Q(2) amended by No. 52/1998 s. 191(1). (2) The Tribunal must give the following persons the opportunity to be heard at the hearing of any request— (a) the responsible authority;
(iv) to do specified things within a specified period— S. 119(b) (iv)(A) amended by Nos 62/1991 s. 35(7)(a)(b), 128/1993 s. 24. (A) to restore the land as nearly as practicable to its condition immediately before the use or development started or to any condition specified in the order or to any other condition to the satisfaction of the responsible authority, a Minister, public authority, municipal council, referral authority or other person or body specified in the Order; or (B) to otherwise ensure compliance with this Act, or the planning scheme, permit condition or agreement under section 173. 120 Interim enforcement orders S. 120(1) amended by No. 52/1998 s. 191(1). s. 120 (1) Any responsible authority or person who has applied under section 114 for an enforcement order may apply to the Tribunal in an urgent case for an interim enforcement order against any person or persons in relation to whom the application under section 114 was made. (2) The Tribunal may consider an application under this section without notice to any person. (3) Before making an interim enforcement order, the Tribunal must consider— (a) what the effect of not making the interim enforcement order would be; and (b) whether the applicant should give any undertaking as to damages; and (c) whether it should hear any other person before the interim enforcement order is made.
S. 148 amended by Nos 86/1989 s. 12(a)–(c), 62/1991 s. 36(1)(a) (b)(2), substituted by No. 52/1998 s. 190. 148 Definitions s. 148 In this Division— specified body means— (a) a Minister; or (b) the responsible authority; or (c) a public authority; or (d) a municipal council; or (e) a referral authority; specified person means in relation to a matter— (a) the owner, user or developer of the land directly affected by the matter; or (b) a specified body; or (c) if the matter affects Crown land, the occupier of the Crown land. S. 149 substituted by No. 52/1998 s. 190. 149 Application for review s. 149 (1) A specified person may apply to the Tribunal for the review of— (a) a decision of a specified body in relation to a matter if a planning scheme specifies or a permit contains a condition that the matter must be done to the satisfaction, or must not be done without the consent or approval, of the specified body; or (b) a decision of a specified body in relation to a matter if an agreement under section 173 provides that the matter must be done to the satisfaction, or must not be done without the consent, of the specified body and makes no provision for settling disputes in relation to the matter; or (c) a decision of a specified body or of a person or body specified in an enforcement order in
S. 151(8) inserted by No. 72/1998 s. 7. (8) If the Minister establishes a committee under this section to consider a matter in a proceeding which has been referred to the Governor in Council for determination under clause 58 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, the Minister may ask the following person to contribute an amount specified by the Minister to the costs of the advisory committee— (a) if the proceeding relates to an application for a permit, the applicant for the permit; or (b) if the proceeding is for the review of a decision referred to in section 149(1)(a), (b) or (c), the applicant for the review. S. 152 repealed by No. 35/1995 s. 4(i), new s. 152 inserted by No. 3/2013 s. 81. 152 Powers of advisory committee s. 152 (1) This section applies if an advisory committee conducts a hearing into a matter. (2) The following sections (with any necessary changes) apply to the advisory committee as if it were a panel appointed under Part 8— (a) section 159; and (b) section 161(1), (3) and (5); and (c) section 161(2) as if the reference to a planning authority were omitted; and (d) sections 162 to 165 and 169. _______________ Division 1—Appointment of panels 153 Appointment of panels s. 153
S. 181(4) amended by No. 86/1989 s. 4(2)(l), substituted by No. 85/1998 s. 24(Sch. item 45.6). (4) The amendment of this Act by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant in an agreement registered under the Property Law Act 1958 before the commencement of that section 24 and existing immediately before that commencement. S. 181(5) repealed by No. 85/1998 s. 24(Sch. item 45.6). * * * * * S. 182 (Heading) inserted by No. 3/2013 s. 51(4). S. 182 amended by Nos 18/1989 s. 13(Sch. 2 item 63(f)), 85/1998 s. 24(Sch. item 45.7). 182 Effect of recording s. 182 After the making of a recording in the Register— (a) the burden of any covenant in the agreement runs with the land affected; and (b) the responsible authority may enforce the covenant against any person deriving title from any person who entered into the covenant as if it were a restrictive covenant despite the fact that it may be positive in nature or that it is not for the benefit of any land of the responsible authority. S. 182A inserted by No. 3/2013 s. 52. 182A New parties to an agreement (1) If the land or any part of the land which is subject to an agreement between the owner and the responsible authority is transferred or otherwise disposed of to another person, that other person becomes a party to that agreement. (2) Subsection (1) is subject to any provision to the contrary in the agreement. (3) An agreement may specify the extent to which any party to an agreement is to be treated as a party for the purposes of a proposed amendment of the agreement.
(3) For the purposes of subsection (2)— (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 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
189 Minister may delegate to advisory committees and regional planning authorities S. 189(1) amended by No. 35/1995 s. 4(j). s. 189 (1) The Minister may by instrument delegate to an advisory committee any of the powers, discretions and functions under a planning scheme in relation to applications for permits which must be— (a) referred to the Minister under the scheme; or (b) considered by the Minister under Division 4 of Part 4. (2) The Minister must publish a notice of the delegation in the Government Gazette. (3) The delegation has effect from the later of— (a) a date specified in the instrument of delegation; or (b) the date of publication of the notice. 190 Minister may delegate administration of planning schemes (1) The Minister may by instrument delegate any of his or her powers, discretions and functions under this Act as a responsible authority to— (a) any other responsible authority; or S. 190(1)(b) amended by No. 33/2006 s. 9(a). (b) any municipal council; or S. 190(1)(c) inserted by No. 33/2006 s. 9(b). (c) if the Minister is a responsible authority for a growth area or any part of a growth area— (i) the Growth Areas Authority; or (ii) the Chief Executive Officer of the Growth Areas Authority.
building permit has the same meaning as in Part 3 of the Building Act 1993; building work has the same meaning as in section 3(1) of the Building Act 1993; Central Plan Office means the Central Plan Office of the Department of Sustainability and Environment; 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;
growth areas infrastructure contribution means a contribution imposed under section 201S; investigation area means an area of land described in Part 2 of Schedule 1; S. 201R def. of land rich landholder substituted as landholder by No. 38/2012 s. 16(a). landholder has the same meaning as in section 71 of the Duties Act 2000; lot has the same meaning as in section 3(1) of the Subdivision Act 1988; S. 201R def. of plan of subdivision inserted by No. 31/2011 s. 4(2). plan of subdivision has the same meaning as in section 3(1) of the Subdivision Act 1988; precinct structure plan in relation to land means a precinct structure plan which has been incorporated by the planning scheme applying to that land; precinct structure plan area means an area or areas of land to which a precinct structure plan applies; S. 201R def. of private landholder inserted by No. 38/2012 s. 16(b). private landholder has the same meaning as in section 71(3) of the Duties Act 2000; s. 201R S. 201R def. of public landholder inserted by No. 38/2012 s. 16(b). public landholder has the same meaning as in section 71(4) of the Duties Act 2000; relevant building surveyor has the same meaning as in section 3(1) of the Building Act 1993;
relevant day means— (a) in the case of type A land or type B1 land, the first announcement day; (b) in the case of type B-2 land, the second announcement day; (c) in the case of type C land, the day on which the land became type C land; S. 201R def. of school inserted by No. 2/2012 s. 3. school has the same meaning as in section 1.1.3 of the Education and Training Reform Act 2006; second announcement day means 19 May 2009; Note 19 May 2009 was the day on which the Minister gave public notice of the proposal for the scheme announced on the first announcement day to apply in respect of certain additional growth area land. S. 201R def. of Secretary to the Department of Transport inserted by No. 6/2010 s. 203(1) (Sch. 6 item 35.2) (as amended by No. 45/2010 s. 22). Secretary to the Department of Transport means the Secretary within the meaning of section 3 of the Transport Integration Act 2010; settlement in relation to a contract for the sale of land, means the time at which the purchaser becomes entitled to possession or to the receipt of rents and profits; significant acquisition has the meaning set out in section 201RE; single dwelling has the same meaning as in section 188A(4) of the Building Act 1993; s. 201R
the contribution area that is an excluded subdivision of land; or (b) the making of an application for a building permit to carry out building work on land in the contribution area that relates to excluded building work; or (c) a dutiable transaction relating to land that is all or partly in the contribution area that involves the granting, transfer or assignment of a lease described in section 7(1)(b)(v) or 7(1)(b)(va) of the Duties Act 2000 over that land; or (d) in the case of any land in the contribution area— (i) the issue of a statement of compliance relating to a plan of subdivision of the land, if a planning permit relating to the subdivision was granted before the relevant day and had not expired at the time of the issue of the statement of compliance; or (ii) the making of an application for a building permit to carry out building work on the land, if a planning permit relating to that building work was granted before the relevant day and had not expired at the time of the making of the application; or (iii) a dutiable transaction relating to the land (other than a significant acquisition), if a contract relating to that transaction was entered into before the relevant day; or S. 201RB (d)(iv) amended by No. 38/2012 s. 17. (iv) a significant acquisition of an interest in a landholder, if the acquisition occurred, or a contract for the
S. 201RE(1A) inserted by No. 38/2012 s. 18(2). (1A) Subsection (1)(b) does not apply to a landholder that is a public landholder. (2) In this section— S. 201RE(2) def. of acquire amended by No. 38/2012 s. 18(3)(a). acquire in relation to an interest in a landholder has the same meaning as in section 80 of the Duties Act 2000; S. 201RE(2) def. of interest amended by No. 38/2012 s. 18(3)(b). interest in relation to a landholder has the same meaning as in section 79(1) of the Duties Act 2000; S. 201RE(2) def. of relevant acquisition amended by No. 38/2012 s. 18(3)(c). relevant acquisition means a relevant acquisition within the meaning of section 78 (other than subsection (1)(b)), 81 or 82 of the Duties Act 2000 in respect of which duty is chargeable under Part 2 of Chapter 3 of that Act and which is not an exempt acquisition within the meaning of that Part. Examples Example 1 to s. 201RE amended by No. 38/2012 s. 18(4). 1 B acquires a 60% interest in company XYZ Pty Ltd, which is a private landholder that owns land subject to GAIC. This acquisition is a relevant acquisition under section 78(1)(a)(i) of the Duties Act 2000 and is a significant acquisition. B would be liable to pay 60% of the GAIC imposed in respect of the land subject to GAIC owned by XYZ. If C, after that significant acquisition, were to acquire 10% of the remaining interest in XYZ, C would be liable to pay 10% of the GAIC (indexed if applicable) imposed in respect of the land subject to GAIC owned by XYZ. Any further acquisitions of the remaining 30% interest in XYZ would also attract the imposition of GAIC in proportion to the interest acquired.
(e) there must be a final date specified for the payment of the whole contribution; (f) if there is a failure to make a payment for any stage by the due date for that stage, the whole amount of the growth areas infrastructure contribution for which the person is liable will become payable immediately as if the approval had never been given; (g) any other condition that is agreed between the Minister and the person applying for the approval. (6) If the approval relates to a plan of subdivision, any stage that is not approved under the original approval requires a further approval by the Minister in accordance with this section. (7) Any amendment to an approval given under this section to change the due date for a payment or the amount of a payment specified in that 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—
advised the Commissioner that the notice may be given. Note to s. 201SZG(2A) inserted by No. 31/2011 s. 19(5). Note If a work-in-kind agreement relating to the growth areas infrastructure contribution contains a restriction on transferring or subdividing the land under section 201SLD, the transfer or subdivision will require the consent of the Minister before it can be registered. (3) A notice under this section must be in a form approved by the Registrar of Titles. S. 201SZH inserted by No. 23/2010 s. 9. s. 201SZH 201SZH Commissioner may seek assistance for issuing certificates The Commissioner may seek the assistance of the Growth Areas Authority for the purposes of deciding whether to issue a certificate under this Subdivision. 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.
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— (a) has been granted an exemption from the liability to pay the contribution; and (b) is no longer liable to pay the contribution. Note If a person is exempted from the liability to pay a growth areas infrastructure contribution in respect of a GAIC event, liability may be imposed in respect of the next GAIC event (see section 201S(1)). S. 201TG(2A) inserted by No. 31/2011 s. 22(2). (2A) If the Governor in Council or the Minister refuses a person's application under this Subdivision, the Minister must give the person a notice which states that the application is refused. (3) A notice given to a person under this section must— s. 201TG (a) specify any conditions of any reduction or exemption from the liability to pay a growth
Assent Date: 17.11.09 Commencement Date: Ss 3–5 on 18.11.09: s. 2 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: Ss 25(5)(Sch. 2 item 10), 203(1)(Sch. 6 item 35) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2010, No. 23/2010 Assent Date: 1.6.10 Commencement Date: Ss 3–5 on 8.6.10: Special Gazette (No. 212) 8.6.10 p. 1; ss 6–13 on 1.7.10: Special Gazette (No. 242) 25.6.10 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Local Government and Planning Legislation Amendment Act 2010, No. 58/2010 Assent Date: 14.9.10 Commencement Date: Ss 36–43 on 24.9.10: Government Gazette 23.9.10 p. 2186 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Endnotes Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 70) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Act 2011, No. 31/2011 Assent Date: 29.6.11 Commencement Date: Ss 4, 5, 7–27 on 30.6.11: s. 2(1); s. 6 on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011