(b) regulate or prohibit the use or development of any land; (c) designate land as being reserved for public purposes; S. 6(2)(d) repealed by No. 35/1995 s. 4(a), new s. 6(2)(d) inserted by No. 77/1996 s. 6(2). (d) include strategic plans, policy statements, codes or guidelines relating to the use or development of land; (e) regulate or prohibit any use or development in hazardous areas or in areas which are likely to become hazardous areas; (f) set out requirements for the provision of public utility services to land; S. 6(2)(fa) inserted by No. 3/2013 s. 56. (fa) designate a Minister, public authority or municipal council as an acquiring authority for the purposes of this Act for land reserved for public purposes; S. 6(2)(g) amended by No. 53/1988 s. 45(Sch. 2 item 30A) (as amended by No. 47/1989 s. 19(x)), substituted by No. 48/1991 s. 59(a). (g) subject to section 6A, regulate or provide for the creation, variation or removal of easements or restrictions under section 23 of the Subdivision Act 1988; S. 6(2)(ga) inserted by No. 48/1991 s. 59(a). (ga) subject to section 6A, regulate or provide for the variation or removal of conditions in the nature of easements in Crown grants, under section 23 of the Subdivision Act 1988; S. 6(2)(gb) inserted by No. 48/1991 s. 59(a). (gb) subject to section 6A, regulate or provide for the creation or removal of easements or rights of way under section 36 of the Subdivision Act 1988;
S. 10 amended by Nos 59/1987 s. 38, 88/1991 s. 15, 16/1993 s. 20(d), 118/1994 ss 4(f), 9(f), 16/1995 s. 4(g), repealed by No. 35/1995 s. 4(c), new s. 10 inserted by No. 81/2004 s. 3. 10 Restrictions and powers relating to the preparation of amendments (1) The power given to a planning authority to prepare an amendment to the State standard provisions of a planning scheme extends only to the inclusion of a provision in or deletion of a provision from the State standard provisions of the planning scheme. S. 10(2) amended by No. 3/2013 s. 43. (2) A planning authority (including the Minister) that is given power to amend more than one planning scheme may prepare amendments to two or more of those schemes in the one instrument. (3) Only the Minister may include in an amendment a provision setting out the classes of land, use or development exempted from section 96(1) or 96(2). S. 10(4) repealed by No. 47/2007 s. 6. * * * * * S. 11 amended by No. 77/1996 s. 9, substituted by No. 81/2004 s. 3, repealed by No. 3/2013 s. 70(1). * * * * * 12 What are the duties and powers of planning authorities? (1) A planning authority must— (a) implement the objectives of planning in ;
(a) to every Minister, public authority and municipal council that it believes may be materially affected by the amendment; and S. 19(1)(b) amended by No. 86/1989 s. 4(2)(a). (b) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land that it believes may be materially affected by the amendment; and (c) to any Minister, public authority, municipal council or person prescribed; and S. 19(1)(ca) inserted by No. 100/2000 s. 5(1). (ca) to owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land benefited by a registered restrictive covenant, if the 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. (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. S. 19(2A) inserted by No. 100/2000 s. 5(2). (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. 19(3) amended by Nos 86/1989 s. 25(e), 100/2000 s. 5(3). (3) On the same day as it gives the last of the notices required under subsections (1), (2) and (2A) or after all other notices have been given under this section, the planning authority must publish a notice of the preparation of the amendment in the Government Gazette. (4) Any notice must— (a) be given in accordance with the regulations; and S. 19(4)(b) amended by No. 48/1991 s. 66(1). (b) set a date for submissions to the planning authority which, if notice of the preparation of the amendment is given in the
(5) The planning authority must give notice of the revocation of an amendment or part of an amendment in a manner satisfactory to the Minister. S. 39 substituted by No. 86/1989 s. 10. 39 Defects in procedure S. 39(1) amended by No. 52/1998 s. 191(2)(a)(i). (1) A person who is substantially or materially affected by a failure of the Minister, a planning authority or a panel to comply with Division 1 or 2 or this Division or Part 8 in relation to an amendment which has not been approved may, not later than one month after becoming aware of the failure refer the matter to the Tribunal for its determination. S. 39(2) amended by No. 52/1998 s. 191(2)(a)(i) (ii). (2) In addition to any other party to the proceeding the parties to a proceeding before the Tribunal under this section are— (a) the person who referred the matter to the Tribunal; and (b) the Minister; and (c) the planning authority. (3) If a matter referred to the Tribunal under this section involves a failure by a panel to comply with Division 2 or this Division or Part 8 the panel (or a member of the panel authorised by the panel to act on its behalf) is entitled to make a written or oral submission to the Tribunal before the Tribunal completes the hearing of the matter. S. 39(4) amended by No. 52/1998 s. 191(2)(a)(i). (4) The Tribunal may determine a matter referred to it under this section and may do any one or more of the following— (a) make any declaration that it considers appropriate;
S. 52(1)(a) amended by Nos 53/1988 s. 45(Sch. 3 item 57) (as amended by No. 47/1989 s. 23(2)), 86/1989 s. 4(2)(a), 128/1993 s. 13(1). (a) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of allotments or lots adjoining the land to which the application applies unless the responsible authority is satisfied that the grant of the permit would not cause material detriment to any person; and (b) to a municipal council, if the application applies to or may materially affect land within its municipal district; and (c) to any person to whom the planning scheme requires it to give notice; and S. 52(1)(ca) inserted by No. 100/2000 s. 7(1). (ca) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land benefited by a registered restrictive covenant, if anything authorised by the permit would result in a breach of the covenant; and S. 52(1)(cb) inserted by No. 100/2000 s. 7(1), amended by No. 10/2005 s. 3(Sch. 1 item 17.2). (cb) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land benefited by a registered restrictive covenant, if the application is to remove or vary the covenant; and (d) to any other persons, if the responsible authority considers that the grant of the permit may cause material detriment to them. S. 52(1AA) inserted by No. 100/2000 s. 7(2). (1AA) If an application is made for a permit to remove or vary a registered restrictive covenant or for a permit which would authorise anything which would result in a breach of a registered restrictive covenant, then unless the responsible authority
53 What are the duties of applicants? (1) The responsible authority may require the applicant to give the notice under section 52(1) to the persons specified by the responsible authority. S. 53(1A) inserted by No. 100/2000 s. 7(6). (1A) The responsible authority may require the applicant to give the notice under section 52(1AA). S. 53(1B) inserted by No. 100/2000 s. 7(6). (1B) A requirement of the responsible authority to the applicant under subsection (1) must be given in writing. (2) The applicant must satisfy the responsible authority that the applicant has given the notice. (3) The applicant must pay the cost of the notice. S. 53(4) amended by No. 100/2000 s. 7(7). (4) If the responsible authority gives the notice under section 52(1) or 52(1AA), the applicant must pay the costs to the responsible authority. (5) If the applicant gives the notice to the persons specified under subsection (1), the applicant is not required to give any further notice of the application under section 52(1). 54 More information (1) A responsible authority may require the applicant to provide it or a referral authority with more information before it deals with the application. S. 54(1A) inserted by No. 81/2004 s. 19. (1A) A requirement under subsection (1) must be made by giving notice in writing setting out the information to be provided. S. 54(1B) inserted by No. 81/2004 s. 19. (1B) If a requirement is made under subsection (1) within the prescribed time, the notice must also state that the application will lapse on the lapse date specified in the notice if the required information is not given before that date. Note Section 54A allows an extension of time to be sought.
S. 60(1)(e) amended by No. 3/2013 s. 76(1). (e) any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development; and S. 60(1)(f) inserted by No. 3/2013 s. 76(2). (f) any significant social effects and economic effects which the responsible authority considers the use or development may have. S. 60(1A) inserted by No. 81/2004 s. 23(1). (1A) Before deciding on an application, the responsible authority, if the circumstances appear to so require, may consider— S. 60(1A)(a) repealed by No. 3/2013 s. 76(3). * * * * * (b) the approved regional strategy plan under Part 3A; and (c) any amendment to the approved regional strategy plan under Part 3A adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and S. 60(1A)(d) amended by No. 44/2005 s. 4(a). (d) the approved strategy plan under Part 3C; and S. 60(1A)(e) amended by No. 44/2005 s. 4(a). (e) any amendment to the approved strategy plan under Part 3C adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and S. 60(1A)(ea) inserted by No. 44/2005 s. 4(b). (ea) the approved strategy plan under Part 3D; and
S. 61(2A) inserted by No. 3/2013 s. 21(2). (2A) The responsible authority may decide to refuse to grant a permit if a relevant recommending referral authority objects to the grant of the permit. S. 61(3) inserted by No. 8/1995 s. 44. (3) The responsible authority— (a) must not decide to grant a permit to use or develop coastal Crown land within the meaning of the Coastal Management Act 1995 unless the Minister administering that Act has consented under that Act to the use or development; and (b) must refuse to grant the permit if the Minister administering that Act has refused or is deemed to have refused under that Act to consent to that use or development. S. 61(4) inserted by No. 100/2000 s. 9. (4) If the grant of a permit would authorise anything which would result in a breach of a registered restrictive covenant, the responsible authority must refuse to grant the permit unless a permit has been issued, or a decision made to grant a permit, to allow the removal or variation of the covenant. S. 61A inserted by No. 53/2012 s. 8. 61A Decisions where responsible authority is a council officer (1) This section applies if a council officer has a power, duty or function as a responsible authority. (2) Section 80B of the Local Government Act 1989 applies to the council officer in relation to the power, duty or function as if he or she were a member of Council staff who has been delegated the power, duty or function by the municipal council. (3) The council officer must delegate the power, duty or function to another council officer of the municipal council if, under section 80B of the Local Government Act 1989, the council officer is prohibited from exercising that power or
S. 62(2)(f) amended by No. 53/1988 s. 45(Sch. 2 item 32A) (as amended by No. 47/1989 s. 13(2)). (f) a condition that the owner of the land or applicant for the permit in anticipation of the applicant becoming owner of the land is to enter into an agreement with the responsible authority under section 173 within a specified period or before the use or development or a specified part of it starts; and S. 62(2)(g) amended by Nos 53/1988 s. 45(Sch. 2 item 32B) (as amended by No. 47/1989 s. 13(2)), 93/1995 s. 218(1)(Sch. 2 item 7.2). (g) a condition that the owner of the land or, if the applicant for the permit is not the owner of the land, the applicant on the applicant becoming the owner of the land is to enter into a covenant with the relevant Minister under Division 2 of Part 4 of the Heritage Act 1995 for the conservation of a registered place; and S. 62(2)(h) amended by Nos 53/1988 s. 45(Sch. 2 item 32C) (as amended by No. 47/1989 s. 13(2)), 86/1989 s. 25(l), repealed by No. 50/1995 s. 4(1). * * * * * (i) a condition that plans, drawings or other documents be prepared by the applicant and lodged with the responsible authority for approval before the use or development or a specified part of it starts; and S. 62(2)(j) amended by No. 53/1988 s. 45(Sch. 2 item 33) (as amended by No. 47/1989 s. 6(3)(f)). (j) a condition requiring changes to be made to any plan or drawing forming part of the application for the permit; and
(b) if an application for review is made within that period, until the application is determined by the Tribunal or withdrawn. S. 64(4) inserted by No. 128/1993 s. 16(3). (4) A planning scheme may set out classes of applications the decisions on which are exempted from the requirements of subsections (1), (2) and (3). S. 64(5) inserted by No. 128/1993 s. 16(3), amended by No. 3/2013 s. 23(4). (5) If a planning scheme exempts a decision on an application from the requirements of subsections (1), (2) and (3), the responsible authority must give a copy of the decision to each person who objected under section 57. S. 64A inserted by No. 3/2013 s. 24. 64A Grant of permit—recommending referral authority objected or recommended condition that was not included If a relevant recommending referral authority has objected to the grant of a permit, or recommended a condition on the permit that the responsible authority has decided not to include on the permit, the responsible authority must not issue the permit to the applicant— (a) until the end of the period within which a recommending referral authority may apply to the Tribunal for 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. 65 Refusal of permit S. 65(1) amended by No. 3/2013 s. 25(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 a permit.
S. 80 (Heading) inserted by No. 3/2013 s. 68(4). S. 80 amended by Nos 52/1998 s. 191(4)(b), 100/2000 s. 11(3) (ILA s. 39B(1)). 80 Applications for review of conditions on permits (1) An applicant for a permit may apply to the Tribunal for review of any condition in a permit which the responsible authority has issued or decided to grant to the person. S. 80(2) inserted by No. 100/2000 s. 11(3). (2) This section does not apply to a condition included in a permit under section 62(1)(aa). S. 81 (Heading) inserted by No. 3/2013 s. 68(5). S. 81 amended by Nos 52/1998 s. 191(4)(b), 81/2004 s. 28 (ILA s. 39B(1)). 81 Applications for review 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.
(2) For the purposes of the Freedom of Information Act 1982, information referred to in subsection (1) is information of a kind to which section 38 of that Act applies. S. 96Y inserted by No. 40/2014 s. 35. 96Y Permitted disclosures A person who is or was the Commissioner or another person engaged in the administration of this Division may disclose information obtained under, or in relation to the administration of, this Division— (a) with the consent of the person to whom the information relates or at the request of a person acting on behalf of that person; or (b) in connection with the administration of this Division; or (c) in accordance with a requirement imposed under an Act; or (d) to an authorised recipient, being— (i) the Secretary to the Department of Treasury and Finance; or (ii) the Secretary to the Department of Transport, Planning and Local Infrastructure; or (iii) a relevant responsible authority; or (iv) a relevant planning authority; or (v) a person prescribed to be an authorised recipient for the purposes of this section; or (e) if the information will not, or is not likely to, identify a particular person.
S. 97E(5)(b) amended by No. 81/2004 s. 38(1). (b) to refer objections or submissions to a panel if no notice of the application is required to be given under section 52(1) or 57B or the planning scheme and the decision on the application is exempt from sections 64(1), (2) and (3) and 82(1); or (c) to consider the report of a panel if— (i) the Minister has not received the panel's report at the end of 3 months from the panel's appointment or 1 month from the date on which the panel completed its hearing, whichever is the earlier; and (ii) the Minister considers that delay in considering whether to grant the permit may adversely affect the applicant. S. 97E(6) inserted by No. 72/1998 s. 6. (6) The Minister may ask the applicant for the permit or the owner of the land to which the application relates to contribute an amount specified by the Minister to the costs of the panel. S. 97F inserted by No. 128/1993 s. 22. 97F Decision of Minister (1) After considering the report of the panel (if any), the planning scheme and any matters to be considered under section 60, the Minister may— (a) grant the permit; or (b) grant the permit subject to conditions; or (c) refuse to grant the permit on any ground he or she thinks fit. (2) Once the Minister has decided in favour of an application, the Minister must issue the permit to the applicant. S. 97G inserted by No. 128/1993 s. 22. 97G Notice of availability (1) The Minister must give the applicant a notice in the prescribed form of his or her decision to refuse to grant a permit under this Division.
S. 97Q inserted by No. 128/1993 s. 23. 97Q Cancellation or amendment of certificate S. 97Q(1) amended by No. 52/1998 s. 191(1). (1) Any person may request the Tribunal to cancel or amend a certificate of compliance issued under this Part if the person believes that the person has been adversely affected by a material misstatement or concealment of fact in relation to the application for the certificate or a material mistake in relation to the issue of the certificate. S. 97Q(2) amended by No. 52/1998 s. 191(1). (2) The Tribunal must give the following persons the opportunity to be heard at the hearing of any request— (a) the responsible authority; (b) the owner and occupier of the land concerned; (c) the person who made the request; (d) the Minister. S. 97Q(3) amended by No. 52/1998 s. 191(1). (3) After hearing a request, the Tribunal may direct the responsible authority to cancel or amend the certificate and to take any action required in relation to the certificate, if it is satisfied that— (a) there has been a material mis-statement or concealment of fact in relation to the application for the certificate or a material mistake in relation to the issue of the certificate; and (b) the person who made the request was substantially disadvantaged by the misstatement, concealment or mistake; and
(b) any person against whom the enforcement order is sought; (c) the owner of the land; (d) the occupier of the land; (e) any other person whom the Tribunal considers may be adversely affected by the enforcement order. S. 115(2) amended by No. 86/1989 s. 25(m), repealed by No. 52/1998 s. 188(3). * * * * * S. 115(3) amended by No. 62/1991 ss 25(3), 35(3), repealed by No. 52/1998 s. 188(3). * * * * * S. 115(4) inserted by No. 62/1991 s. 35(4), repealed by No. 52/1998 s. 188(3). * * * * * S. 115(5) inserted by No. 62/1991 s. 35(4), repealed by No. 52/1998 s. 188(3). * * * * * S. 116 amended by No. 52/1998 s. 188(4)(a). 116 Determination of Tribunal where no objections If the Tribunal receives no objections to an application within the period specified in the notice, the Tribunal may—
available a document which reproduces in substance the provisions of the scheme or amendment if— (a) the document contains all the information contained in the scheme or amendment; and S. 146(b) amended by No. 35/1995 s. 11(1)(e). (b) the form of the document is certified by the Secretary to the Department or, if the Minister directs, by the planning authority. 147 General provisions (1) If this Act requires a person to give, serve or publish any notice or document— (a) the person may cause that notice or document to be given, served or published; and S. 147(1)(b) amended by No. 86/1989 s. 25(q). (b) the person is not required to give or serve the notice or document to or on himself, herself or itself; and S. 147(1)(c) inserted by No. 86/1989 s. 25(q), amended by No. 81/2004 s. 39. (c) the person may give or serve the document personally, by post, or in any other prescribed way. S. 147(2) amended by No. 35/1995 s. 11(1)(f). (2) If this Act requires the Minister to keep any document at the Minister's office, the document may be kept at any office or offices of the Department that the Minister specifies. (3) If a Minister is the planning authority or the responsible authority under this Act any reference in this Act to— (a) the chairperson of the planning authority or responsible authority is a reference to the Minister; and
(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 (1) In this Division, Act includes any regulation, planning scheme, permit or agreement made under an Act. (2) Nothing in subsection (1) limits or affects the meaning of "Act" in any other provision of this Act (other than this Division). S. 186 (Heading) inserted by No. 33/2006 s. 7(1). 186 Minister may delegate some powers (1) The Minister may by instrument delegate any of his or her powers, discretions or functions under this Act or any other Act to— S. 186(1)(a) substituted by No. 35/1995 s. 11(1)(j). (a) the Secretary to the Department; or
S. 186(1)(b) substituted by No. 35/1995 s. 11(1)(j), amended by No. 46/1998 s. 7(Sch. 1). (b) a committee of employees of the Department; or S. 186(1)(c) substituted by No. 35/1995 s. 11(1)(j), amended by Nos 46/1998 s. 7(Sch. 1), 33/2006 s. 7(2)(a). (c) any employee of the Department; or S. 186(1)(d) inserted by No. 33/2006 s. 7(2)(b). (d) the Growth Areas Authority; or S. 186(1)(e) inserted by No. 33/2006 s. 7(2)(b). (e) the Chief Executive Officer of the Growth Areas Authority. S. 186(2) amended by No. 103/1997 s. 4. (2) Subsection (1) includes the Minister's powers under section 35, but does not include the Minister's powers under section 172, section 201F or subsection (1). S. 187 amended by Nos 35/1995 s. 11(1)(k)(i)(ii), 46/1998 s. 7(Sch. 1). 187 Secretary may delegate powers to employees The Secretary to the Department may by instrument delegate to any employee of the Department any of the powers, discretions or functions which this Act gives to the Secretary except— (a) this power of delegation; and (b) any power, discretion or function which the Secretary exercises or performs as a delegate.
under this Act, so that loss or damage to any person from unreasonable or unnecessary delay is avoided. Division 7—Planning certificates 198 Application for planning certificate (1) Any person may apply— (a) to the person nominated in the planning scheme for that purpose; or (b) if no person is nominated, to the responsible authority— for a planning certificate in respect of land. (2) The application must be accompanied by the prescribed fee. 199 Planning certificates (1) The responsible authority or nominated person must give or send the applicant without delay a planning certificate setting out the prescribed information about the effect of the relevant planning scheme on the land at the date of the certificate. S. 199(2) substituted by No. 128/1993 s. 31(1). (2) The planning certificate— S. 199(2)(a) repealed by No. 81/2004 s. 41. * * * * * (b) must indicate that it is produced by authority of an authorised officer of the responsible authority or by authority of the nominated person, whether by being initialled, signed or sealed by the authorised officer or person or
S. 201R def. of Secretary to the Department of Transport, Planning and Local Infrastructure inserted by No. 70/2013 s. 4(Sch. 2 item 36.4(c)). Secretary to the Department of Transport, Planning and Local Infrastructure 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; statement of compliance has the same meaning as in section 21 of the Subdivision Act 1988; sub-sale of dutiable property has the meaning set out in section 201RD; type A land is the land described in section 201RC(2); type B-1 land is the land described in section 201RC(3); type B-2 land is the land described in section 201RC(4); type C land is the land described in section 201RC(5); urban development area means land that is within a growth area and that is zoned under a planning scheme— (a) for residential, industrial or business purposes; or
(a) the demolition of a building or part of a building; or (b) the construction of a single dwelling; or (c) the repair or reinstatement of an existing building; or S. 201RG (1)(ca) inserted by No. 2/2012 s. 5. (ca) building work relating to a school or proposed school including purposes ancillary to a school; or (d) any other building work with a value of less than the threshold amount. (2) In this section— threshold amount means— (a) for building permits issued before or during the 2010/2011 financial year, $1 million; or (b) for building permits issued in subsequent financial years, the amount determined in accordance with Part 3 of Schedule 1; S. 201RG(2) def. of value amended by No. 34/2013 s. 35(Sch. 2 item 7). value in relation to building work means the cost of the building work on which the building permit levy is calculated under Subdivision 4 of Division 2 of Part 12 of the Building Act 1993. (3) The Growth Areas Authority must publish the threshold amount calculated under Part 3 of Schedule 1 for the 2011/2012 financial year and each succeeding financial year before 1 June in the financial year immediately preceding that financial year— (a) in the Government Gazette; and (b) on the Growth Areas Authority's Internet site.
(2) Despite subsection (1), a person remains liable under the work-in-kind agreement to perform the obligations under the agreement. Subdivision 3—Deferral of GAIC S. 201SM inserted by No. 23/2010 s. 9. 201SM Person may elect to defer payment of GAIC S. 201SM(1) substituted by No. 31/2011 s. 10(1). (1) Subject to subsection (2), a person who is liable to pay a growth areas infrastructure contribution imposed in respect of a dutiable transaction relating to land may elect to defer the payment of up to 100% of that contribution. S. 201SM(2) amended by No. 31/2011 s. 10(2). (2) A person who is liable to pay a growth areas infrastructure contribution under section 201SMAA may elect to defer the payment of the whole of that contribution. (3) An election must be made to the Commissioner— (a) in a form approved by the Commissioner; and (b) before the day on which the contribution is payable. (4) An election to defer the payment of the whole or part of a growth areas infrastructure contribution under subsection (1) takes effect from the time that the liability to pay the contribution arises. S. 201SM(5) amended by No. 31/2011 s. 10(3). (5) An election to defer the payment of a growth area infrastructure contribution under subsection (2) takes effect from the time the liability to pay the
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, repealed by No. 3/2013 s. 6. * * * * * 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
(2) The adjusted deferred amount of growth areas infrastructure contribution under subclause (1) is to be rounded up or down to the nearest $10 (and, if the amount by which the contribution to be rounded is $5, is to be rounded up). Sch. 2 inserted by No. 40/2014 s. 37(2). Section 3(1) Banyule City Council Bayside City Council Boroondara City Council Brimbank City Council Cardinia Shire Council Casey City Council Darebin City Council Frankston City Council Glen Eira City Council Greater Dandenong City Council Hobsons Bay City Council Hume City Council Kingston City Council Knox City Council Manningham City Council Maribyrnong City Council Maroondah City Council Melbourne City Council
Assent Date: 16.12.97 Commencement Date: 16.12.97: s. 2 : All of Act in operation Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: Ss 182–192 on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (Amendment) Act 1998, No. 72/1998 Assent Date: 4.11.98 Commencement Date: Ss 3–8 on 3.12.98: Government Gazette 26.11.98 p. 2851 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Transfer of Land (Single Register) Act 1998, No. 85/1998 Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 45) on 1.1.99: s. 2(3) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Liquor Control Reform Act 1998, No. 94/1998 Assent Date: 24.11.98 Commencement Date: S. 183(Sch. 4 item 3) on 17.2.99: Special Gazette (No. 22) 16.2.99 p. 3 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Licensing and Tribunal (Amendment) Act 1998, No. 101/1998 Assent Date: 1.12.98 Commencement Date: S. 27 on 1.2.99: Government Gazette 24.12.98 p. 3204 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (Amendment) Act 2000, No. 28/2000
Assent Date: 30.5.00 Commencement Date: Ss 3–11 on 31.5.00: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (Restrictive Covenants) Act 2000, No. 100/2000 Assent Date: 12.12.00 Commencement Date: 13.12.00: s. 2 : All of Act in operation Planning and Environment (Metropolitan Green Wedge Protection) Act 2003, No. 43/2003 Assent Date: 11.6.03 Commencement Date: 12.6.03: s. 2 : All of Act in operation Planning and Environment () Act 2003, No. 77/2003 Assent Date: 21.10.03 Commencement Date: 22.10.03: s. 2 : All of Act in operation Road Management Act 2004, No. 12/2004 Assent Date: 11.5.04 Commencement Date: S. 166 on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Mitcham-Frankston Project Act 2004, No. 39/2004 Assent Date: 8.6.04 Commencement Date: S. 261 on 1.7.04: Special Gazette (No. 148) 25.6.04 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Sustainable Forests (Timber) Act 2004, No. 48/2004 Assent Date: 16.6.04 Commencement Date: S. 137 on 17.6.04: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment (General Amendment) Act 2004, No. 81/2004 Assent Date: 16.11.04 Commencement Date: 23.5.05: Government Gazette 19.5.05 p. 930 : All of Act in operation Planning and Environment (Development Contributions) Act 2004, No. 101/2004 Assent Date: 14.12.04 Commencement Date: 15.12.04: s. 2 : All of Act in operation Public Administration Act 2004, No. 108/2004
Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014, No. 40/2014 Assent Date: 17.6.14 Commencement Date: Ss 30–37 on 1.7.15: s. 2(4) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014 Assent Date: 27.6.14 Commencement Date: S. 33(Sch. item 18) on 30.6.14: s. 2(5) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014 Assent Date: 9.9.14 Commencement Date: Ss 53, 54 on 10.9.14: s. 2(1) : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment Amendment (Recognising Objectors) Act 2015, No. 30/2015 Assent Date: 11.8.15 Commencement Date: Ss 3–5 on 12.10.15: Special Gazette (No. 294) 6.10.15 p. 1 : This information relates only to the provision/s amending the Planning and Environment Act 1987 Planning and Environment Amendment (Infrastructure Contributions) Act 2015, No. 35/2015 Assent Date: 1.9.15 Commencement Date: Ss 3–15 on 1.6.16: s. 2(2) : This information relates only to the provision/s amending the Planning and Environment Act 1987 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details