Planning and Environment Regulations 2005
i
Planning and Environment Regulations 2005
S.R. No. 33/2005
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objective 1
2. Authorising provision 2
3. Commencement 2
4. Revocation 2
5. Definitions 3
PART 2—PLANNING SCHEMES 4
6. Information required in relation to section 60(1A)(g) 4
7. Information required by Minister 4
PART 3—AMENDMENT OF PLANNING SCHEMES 5
8. Ministers, public authorities, municipal councils and persons
to be given notice under section 19(1)(c) 5
9. Notices under section 19 5
10. Information to be submitted to the Minister under section 31 6
11. Consent to approval of amendments under section 35(4) 7
12. Notice of approval under section 35B 8
13. Notice of approval under section 38(1) 8
14. Documents to be lodged with an approved amendment 9
PART 4—PERMITS 10
15. Applications for permits 10
16. Applications for amendments of permits 10
17. Register 11
18. Notice of an application for a permit under section 52(1) 11
19. Notice of an application to amend a permit under section 52(1) 11
20. More information—section 54 12
21. More information—sections 55(2) and 57C(2) 12
22. Verification of information 12
23. Form of permits other than permits granted under Division 5
or Division 6 of Part 4 of the Act 12
-- 1 of 69 --
Regulation Page
ii
24. Time for decision—section 59 12
25. Notice under section 64—grant a permit 13
26. Notice under section 64—grant an amendment to a permit 13
27. Notice under section 65 13
28. Notice under section 76 14
29. Application for review under section 77 14
30. Application for review under section 78 14
31. Applications for review under section 79 14
32. Applications for review under section 80 16
33. Applications for review under section 81 16
34. Applications for review under section 82 17
35. Request to cancel or amend a permit under section 89 17
36. Notice under section 92 18
37. Time for giving of notice under section 92 18
38. Application for permit under section 96A 18
39. Notice under section 96C 19
40. Ministers, public authorities, municipal councils and persons
to be given notice under section 96C(1)(c) 21
41. Form of permits granted under Division 5 of Part 4 21
42. Notice under section 96K 21
43. Form of permits granted under Division 6 of Part 4 21
44. Notice under section 97G of decision to refuse 22
PART 5—CERTIFICATES OF COMPLIANCE 23
45. Form of certificates 23
46. Application for review under section 97P(1)(a) 23
47. Time to issue a certificate under section 97P 23
PART 6—COMPENSATION 24
48. Statement under section 110 24
49. Request under section 110 24
PART 7—ENFORCEMENT AND LEGAL PROCEEDINGS 25
50. Contents of planning infringement notice 25
51. Payment of penalties under section 132 26
52. Service of notices and documents 26
53. Time for decision—section 149 27
PART 8—ADMINISTRATION 28
54. Registration of agreements under section 181 28
55. Cancellation or amendment of registered agreements under
section 183 28
56. Review of decisions under section 184 28
57. Planning certificates under section 199 29
-- 2 of 69 --
Regulation Page
iii
58. Declaration under section 201 29
59. Time under section 201 29
60. Region 29
__________________
SCHEDULES 30
SCHEDULE 1—Forms 30
Form 1—Notice of Approval of Amendment to a Planning Scheme
to be Presented to Parliament 30
Form 2—Notice of an Application for a Planning Permit 32
Form 3—Notice of an Application for an Amendment to a Planning
Permit 33
Form 4—Planning Permit 34
Form 5—Notice of Decision to Grant a Permit 37
Form 6—Notice of Decision to Amend a Permit 39
Form 7—Refusal to Grant a Permit 41
Form 8—Refusal to Grant an Amendment to a Permit 43
Form 9—Planning Permit Granted under Division 5 of Part 4 of the
Planning and Environment Act 1987 45
Form 10—Refusal to Grant a Permit under Section 96K of the
Planning and Environment Act 1987 48
Form 11—Planning Permit Granted by the Minister under Division 6
of Part 4 of the Planning and Environment Act 1987 49
Form 12—Refusal by the Minister to Grant a Permit under
Section 97F of the Planning and Environment
Act 1987 52
Form 13—Refusal by the Minister to Grant an Amendment to a
Permit under Section 97F of the Planning and
Environment Act 1987 53
Form 14—Certificate of Compliance—Existing Use or
Development 54
Form 15—Certificate of Compliance—Proposed Use or
Development 55
Form 16—Statement of Compensation Paid 57
Form 17—Cancellation of Statement of Compensation Paid 58
Form 18—Application by a Responsible Authority for the Making
of a Recording of an Agreement 59
-- 3 of 69 --
Regulation Page
iv
Form 19—Notification by a Responsible Authority of the Ending
of an Agreement 60
Form 20—Notification by a Responsible Authority of Amendment
of an Agreement 61
Form 21—Application by a Responsible Authority for an
Amendment to Remove Land from an Agreement 62
Form 22—Application For Underlying Zoning 63
SCHEDULE 2—Register Under Section 49 of the Act 64
═══════════════
ENDNOTES 65
-- 4 of 69 --
1
STATUTORY RULES 2005
S.R. No. 33/2005
Planning and Environment Act 1987
Planning and Environment Regulations 2005
The Governor in Council makes the following Regulations:
Dated: 17 May 2005
Responsible Minister:
ROB HULLS
Minister for Planning
RUTH LEACH
Acting Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objective
The objective of these Regulations is to
prescribe—
(a) the manner and form of giving notice
required to be given by the Planning and
Environment Act 1987; and
(b) methods of serving notices or other
documents under the Act; and
(c) times for applications to the Victorian Civil
and Administrative Tribunal under the Act;
and
(d) times for doing anything required to be done
by the Act; and
(e) forms for the purposes of the Act; and
-- 5 of 69 --
Part 1—Preliminary
Planning and Environment Regulations 2005
S.R. No. 33/2005
2
(f) information to be included in any
applications, notices, permits and requests
required to be given by the Act; and
(g) the manner of keeping the register required
to be kept by the Act; and
(h) information that is to be made available by
responsible authorities to the public and the
Minister; and
(i) that information to be given to a responsible
authority is to be verified by statutory
declaration or other means; and
(j) particulars which a planning infringement
notice must contain; and
(k) information which must be set out in a
planning certificate; and
(l) other matters required by the Act to be
prescribed.
2. Authorising provision
These Regulations are made under section 202 of
the Planning and Environment Act 1987.
3. Commencement
These Regulations come into operation on
23 May 2005.
4. Revocation
The following Regulations are revoked—
(a) The Planning and Environment Regulations
1998 1 ;
(b) the Planning and Environment (Amendment)
Regulations 2004 2 .
r. 2
-- 6 of 69 --
Part 1—Preliminary
Planning and Environment Regulations 2005
S.R. No. 33/2005
3
5. Definitions
In these Regulations—
"Form" means Form in Schedule 1;
"the Act" means the Planning and
Environment Act 1987.
__________________
r. 5
-- 7 of 69 --
Part 2—Planning Schemes
Planning and Environment Regulations 2005
S.R. No. 33/2005
4
PART 2—PLANNING SCHEMES
6. Information required in relation to section 60(1A)(g)
If a responsible authority considers any matter
under section 60(1A)(g) of the Act, it must
provide a copy of the matter for inspection free of
charge at the offices of—
(a) the Minister; and
(b) a municipal council if the planning scheme
applies to its municipal district; and
(c) the responsible authority.
7. Information required by Minister
A responsible authority must provide the Minister
with any information or report the Minister
requests, in relation to the powers, functions and
duties of the responsible authority under the Act.
__________________
r. 6
-- 8 of 69 --
Part 3—Amendment of Planning Schemes
Planning and Environment Regulations 2005
S.R. No. 33/2005
5
PART 3—AMENDMENT OF PLANNING SCHEMES
8. Ministers, public authorities, municipal councils and
persons to be given notice under section 19(1)(c)
For the purposes of section 19(1)(c) of the Act,
the following are prescribed—
(a) any municipal council where it is not the
planning authority and the amendment
affects land within the municipal district for
which that municipal council is responsible;
and
(b) the Minister administering the
Conservation, Forests and Lands Act
1987; and
(c) the Minister administering the Catchment
and Land Protection Act 1994; and
(d) the Minister administering the Sustainable
Forests (Timber) Act 2004; and
(e) the Minister administering the Mineral
Resources Development Act 1990; and
(f) the Minister administering the Extractive
Industries Development Act 1995; and
(g) the Minister administering the Pipelines Act
1967.
9. Notices under section 19
A notice of preparation of an amendment to a
planning scheme under section 19 of the Act
must—
(a) give the title of the amendment; and
(b) include a brief description of the effect of the
amendment; and
(c) indicate by general description (which may
be by map) the land affected; and
r. 8
-- 9 of 69 --
Part 3—Amendment of Planning Schemes
Planning and Environment Regulations 2005
S.R. No. 33/2005
6
(d) state where the amendment may be
inspected; and
(e) give the name and address of the planning
authority for the receipt of submissions.
10. Information to be submitted to the Minister under
section 31
For the purposes of section 31 of the Act, the
following is the prescribed information—
(a) the reasons for the amendment; and
(b) a list of the notices given under section 19(1)
of the Act; and
(c) a summary of action taken under
sections 19(1B) (if applicable), 19(2),
19(2A), 19(3) and 19(7) of the Act; and
(d) copies of any submissions or reports
received on the amendment; and
(e) if a panel is appointed under Part 8 of the
Act—
(i) the report of the panel; and
(ii) the reasons why any panel
recommendations were not adopted;
and
(f) a report on submissions not referred to a
panel; and
(g) a description of and the reasons for any
changes made to the amendment before
adoption.
r. 10
-- 10 of 69 --
Part 3—Amendment of Planning Schemes
Planning and Environment Regulations 2005
S.R. No. 33/2005
7
11. Consent to approval of amendments under
section 35(4)
For the purposes of section 35(4)(a) of the Act,
the prescribed reasons are—
(a) the amendment may unreasonably prejudice
the use or development of land owned,
controlled or managed by the Minister
administering the Conservation, Forests
and Lands Act 1987; or
(b) the amendment may unreasonably prejudice
the most suitable use of land in the public
interest, for which land there is a special area
plan under the Catchment and Land
Protection Act 1994; or
(c) the amendment may unreasonably prejudice
the operation of a Code of Practice approved
under Part 5 of the Conservation, Forests
and Lands Act 1987; or
(d) the amendment may unreasonably prejudice
the use or development of land for timber
production; or
(e) the amendment may unreasonably prejudice
the prevention or suppression of fires on
Crown land; or
(f) the amendment may unreasonably prejudice
exploration or the use and development of
land for mining purposes under the Mineral
Resources Development Act 1990; or
(g) the amendment may unreasonably prejudice
the extraction of stone as defined under the
Extractive Industries Development Act
1995; or
r. 11
-- 11 of 69 --
Part 3—Amendment of Planning Schemes
Planning and Environment Regulations 2005
S.R. No. 33/2005
8
(h) the amendment may unreasonably prejudice
the use of a pipeline for which a permit has
been granted or for which a permit
application has been made under the
Pipelines Act 1967.
12. Notice of approval under section 35B
The notice of approval of an amendment by a
planning authority in accordance with section 35B
of the Act must contain the following
information—
(a) the name of the planning scheme;
(b) the name of the amendment;
(c) a brief description of the effect of the
amendment;
(d) a statement that the amendment was
approved by the planning authority in
accordance with authorisation given by the
Minister under section 11(1) of the Act,
including the date of authorisation, and that
the authorisation has not been withdrawn;
(e) the date on which the planning authority
approved the amendment;
(f) the places where a copy of the amendment
may be inspected in accordance with
section 41 of the Act.
13. Notice of approval under section 38(1)
A notice to be laid before Parliament under
section 38(1) of the Act must be in the form of
Form 1.
r. 12
-- 12 of 69 --
Part 3—Amendment of Planning Schemes
Planning and Environment Regulations 2005
S.R. No. 33/2005
9
14. Documents to be lodged with an approved
amendment
For the purposes of section 4G(1) and section 40
of the Act, the prescribed documents are the
following—
(a) an explanatory report relating to the
approved amendment or part of the
amendment;
(b) any document applied, adopted or
incorporated in the planning scheme or the
Victoria Planning Provisions by the
amendment;
(c) any agreement under section 173 of the Act
which will not come into operation fully
unless the amendment comes into operation.
__________________
r. 14
-- 13 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
10
PART 4—PERMITS
15. Applications for permits
An application for a permit under section 47(1)(a)
of the Act must be made in writing to the
responsible authority and must—
(a) state the name and address of the applicant;
and
(b) indicate clearly the land affected by the
application by—
(i) stating the address of the land; or
(ii) stating the title particulars of the land;
or
(iii) including a plan showing the land; or
(iv) any combination of these; and
(c) state clearly the use, development or other
matter for which the permit is required; and
(d) describe the existing use of the land; and
(e) if the permit is required to undertake
development, state the estimated cost of any
development for which the permit is
required; and
(f) state who owns the land.
16. Applications for amendments of permits
An application for an amendment to a permit
under section 72 of the Act must be made in
writing to the responsible authority and must—
(a) state the name and address of the applicant;
and
r. 15
-- 14 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
11
(b) indicate clearly the land affected by the
application by—
(i) stating the address of the land; or
(ii) stating the title particulars of the land;
or
(iii) including a plan showing the land; or
(iv) any combination of these; and
(c) clearly identify the permit to be amended;
and
(d) state clearly the amendment applied for; and
(e) describe the existing use of the land; and
(f) if the permit allows development, state the
difference in estimated cost between the
development allowed by the permit and the
development to be allowed by the permit as
amended; and
(g) state who owns the land.
17. Register
For the purposes of section 49(1) of the Act, the
prescribed form of the register is the form in
Schedule 2.
18. Notice of an application for a permit under
section 52(1)
A notice of an application for a permit under
section 52(1) of the Act must be in the form of
Form 2.
19. Notice of an application to amend a permit under
section 52(1)
A notice of an application to amend a permit
under section 52(1) of the Act must be in the form
of Form 3.
r. 17
-- 15 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
12
20. More information—section 54
For the purposes of section 54 of the Act, the
prescribed time is 28 days after the responsible
authority received the application.
21. More information—sections 55(2) and 57C(2)
For the purposes of sections 55(2) and 57C(2) of
the Act, the prescribed time is 21 days.
22. Verification of information
A responsible authority may require verification
of—
(a) any information in an application for a
permit or to amend a permit; or
(b) any information provided under section 54 of
the Act—
by statutory declaration or other written
confirmation by the applicant satisfactory to the
responsible authority.
23. Form of permits other than permits granted under
Division 5 or Division 6 of Part 4 of the Act
A permit, other than a permit granted under
Division 5 or Division 6 of Part 4 of the Act, must
be in the form of Form 4.
24. Time for decision—section 59
The prescribed periods under section 59(2) of the
Act are—
(a) 28 days from the day on which the referral
authority is given a copy of the application;
or
r. 20
-- 16 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
13
(b) if within 21 days of being given a copy of
the application the referral authority tells the
responsible authority that it needs further
information, 28 days from the day on which
the responsible authority gives that
information; or
(c) if the applicant has applied for a review of a
requirement to provide more information to
the Tribunal under section 78(b) of the Act
and the Tribunal has—
(i) under section 85(1)(d)(i) of the Act
directed the responsible authority to
consider the application, 28 days from
the day on which the direction was
given; or
(ii) confirmed the requirement under
section 85(1)(d)(ii) of the Act or
changed the requirement under section
85(1)(d)(iii) of the Act, 28 days from
the day on which the responsible
authority gives the referral authority the
information.
25. Notice under section 64—grant a permit
A notice of a decision to grant a permit given
under section 64 of the Act must be in the form of
Form 5.
26. Notice under section 64—grant an amendment to a
permit
A notice of decision to grant an amendment to a
permit given under section 64 of the Act must be
in the form of Form 6.
27. Notice under section 65
A notice of a decision to refuse to grant a permit
given under section 65 of the Act must be in the
form of Form 7.
r. 25
-- 17 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
14
28. Notice under section 76
A notice of a decision to refuse to grant an
amendment to a permit given under section 76 of
the Act must be in the form of Form 8.
29. Application for review under section 77
An application for review under section 77 of the
Act must be made within 60 days after the
responsible authority gave notice under section 65
of the Act.
30. Application for review under section 78
(1) An application for review under section 78(a) of
the Act must be made within 30 days after the
responsible authority required the applicant to
give notice under section 52(1)(d) of the Act.
(2) An application for review under section 78(b) of
the Act must be made within 60 days after the
responsible authority required the applicant to
provide more information under section 54(1) of
the Act.
31. Applications for review under section 79
(1) Except in the case of an application for a permit
which is in respect of an extractive industry, the
prescribed time for the purposes of section 79 of
the Act is 60 days.
(2) The prescribed time for the purposes of section 79
of the Act begins to run from—
(a) if within the prescribed time under section 54
of the Act the responsible authority has not
required the applicant to provide it or a
referral authority with further information in
accordance with section 54 of the Act, the
day on which the responsible authority
receives the application; or
r. 28
-- 18 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
15
(b) if within the prescribed time under section 54
of the Act the responsible authority has
required the applicant to provide it or a
referral authority with further information in
accordance with section 54 of the Act and
the applicant has not applied for a review of
the requirement and has given the
information as required, the day on which
the information is given; or
(c) if the applicant has applied for a review of a
requirement to give information and the
Tribunal has confirmed the requirement
under section 85(1)(d)(ii) of the Act or
changed a requirement under section
85(1)(d)(iii) of the Act, the day on which the
information is given.
(3) The prescribed time for the purposes of section 79
of the Act does not run—
(a) if the responsible authority requires the
applicant to give notice under section 52(1)
or 52(1AA) of the Act, for the time between
the making of that requirement and the
giving of the last required notice; and
(b) for the time between the responsible
authority being advised under section 56(5)
of the Act by the Minister of his or her
decision under section 56(4) of the Act to
extend the time within which the referral
authority is required to advise the
responsible authority of its decision and the
time at which the extension ends.
r. 31
-- 19 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
16
32. Applications for review under section 80
An application for review under section 80 of the
Act must be made within 60 days after—
(a) the permit was issued; or
(b) the responsible authority gave notice under
section 64 of the Act.
33. Applications for review under section 81
(1) An application for review under section 81(1) of
the Act must be made within 60 days after—
(a) the decision of the responsible authority
referred to in section 81(1)(a) or 81(1)(aa) of
the Act; or
(b) the failure of the responsible authority to
extend the time within the one month period
referred to in section 81(1)(b) of the Act.
(2) An application for review under section 81(2) of
the Act in relation to an application for a permit
must be made before the last of the following to
occur—
(a) the lapse date specified in the notice under
section 54(1A) of the Act;
(b) the new lapse date set out in a notice under
section 54A of the Act, if applicable;
(c) if the applicant for the permit has made
an application to the Tribunal under
section 78(b) of the Act in respect of a
requirement for more information and the
Tribunal has confirmed or changed the
requirement, the new lapse date determined
by the Tribunal under section 85(3) of the
Act.
r. 32
-- 20 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
17
34. Applications for review under section 82
An application for review under section 82 of the
Act must be made within 21 days after the
responsible authority gave notice to the objector
under section 64 of the Act.
35. Request to cancel or amend a permit under
section 89
(1) A request under section 87(3) or 89 of the Act to
amend a permit must include—
(a) the name and address of the person making
the request; and
(b) whether the request is made as the
responsible authority, a person under
section 89 of the Act, a referral authority or
the owner or occupier of the land; and
(c) a description of the land sufficient to readily
identify it; and
(d) the name of the responsible authority if it is
not making the request; and
(e) if known by the person making the request—
(i) the name of any referral authority; and
(ii) if the request is not made by the owner
or occupier, the names and addresses of
the owner and the occupier of the land;
and
(f) the date on which the person making the
request had notice of the facts relied on in
support of the request; and
(g) the facts relied on in support of the request.
r. 34
-- 21 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
18
(2) For the purposes of section 89(2) of the Act, if a
request referred to in sub-regulation (1) is made
by a person under section 89 of the Act, the
request must also include—
(a) if the person was not given notice of the
application, why the person believes the
person should have been given notice; and
(b) if applicable, how the person believes the
person has been adversely affected by a
matter in section 89(1)(b) of the Act.
36. Notice under section 92
(1) A notice of cancellation or amendment of a permit
given under section 92 of the Act must give—
(a) sufficient information to identify the permit;
and
(b) details of the amendment or amendments
made to the permit or a statement that the
permit has been cancelled; and
(c) the ground or grounds for each amendment
or for cancellation.
(2) A notice must contain advice that there may be a
right to compensation under the Act.
37. Time for giving of notice under section 92
A notice under section 92 of the Act must be
given within 7 days of receipt by the responsible
authority of the decision of the Tribunal.
38. Application for permit under section 96A
An application for a permit under section 96A of
the Act must be made in writing to the planning
authority and must—
(a) state the name and address of the applicant;
and
r. 36
-- 22 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
19
(b) indicate clearly the land affected by the
application by—
(i) stating the address of the land; or
(ii) stating the title particulars of the land;
or
(iii) including a plan showing the land; or
(iv) any combination of these; and
(c) state clearly the use, development or other
matter for which the permit is required; and
(d) describe the existing use of the land; and
(e) if the permit is required to undertake
development, state the estimated cost of any
development for which the permit is
required; and
(f) state who owns the land.
39. Notice under section 96C
(1) A notice under section 96C of the Act of the
preparation of an amendment to a planning
scheme and notice of an application for a permit
being considered concurrently with the
amendment must—
(a) specify clearly that it is a notice of the
preparation of an amendment to a planning
scheme and notice of an application for a
planning permit and is given under
section 96C of the Planning and
Environment Act 1987;
(b) state the name of the relevant planning
scheme;
(c) state the permit application number and the
planning scheme amendment number;
(d) include a description to identify the land
affected by the amendment;
r. 39
-- 23 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
20
(e) include a description to identify the land
affected by the application;
(f) briefly describe the proposed amendment;
(g) set out the use, development or other matter
a permit is applied for;
(h) state who is the applicant for the permit and
who requested the amendment to the
planning scheme;
(i) state that the amendment, the application,
any documents that support the amendment
and application, and the explanatory report
about the amendment, may be inspected at
the office of the planning authority during
office hours free of charge;
(j) state the name and address of the planning
authority, and the address or addresses where
the amendment, application and other
documents may be inspected;
(k) state that any person who may be affected by
the amendment or by the granting of the
permit may make a submission to the
planning authority;
(l) state the closing date for submissions, and
the address of the planning authority to
which submissions may be sent;
(m) be signed on behalf of the planning
authority.
(2) A notice given under section 96C(1) of the Act
must be accompanied by a copy of the application
and the explanatory report about the amendment.
r. 39
-- 24 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
21
40. Ministers, public authorities, municipal councils and
persons to be given notice under section 96C(1)(c)
For the purposes of section 96C(1)(c) of the Act,
the following are prescribed—
(a) any municipal council where it is not the
planning authority and the amendment
affects land within the municipal district for
which that municipal council is responsible;
and
(b) the Minister administering the
Conservation, Forests and Lands Act
1987; and
(c) the Minister administering the Catchment
and Land Protection Act 1994; and
(d) the Minister administering the Sustainable
Forests (Timber) Act 2004; and
(e) the Minister administering the Mineral
Resources Development Act 1990; and
(f) the Minister administering the Extractive
Industries Development Act 1995; and
(g) the Minister administering the Pipelines Act
1967.
41. Form of permits granted under Division 5 of Part 4
A permit granted under Division 5 of Part 4 of the
Act must be in the form of Form 9.
42. Notice under section 96K
A notice of a refusal to grant a permit given under
section 96K of the Act must be in the form of
Form 10.
43. Form of permits granted under Division 6 of Part 4
A permit granted under section 97F of the Act
must be in the form of Form 11.
r. 40
-- 25 of 69 --
Part 4—Permits
Planning and Environment Regulations 2005
S.R. No. 33/2005
22
44. Notice under section 97G of decision to refuse
(1) A notice under section 97G of the Act of a
decision to refuse to grant a permit must be in the
form of Form 12.
(2) A notice under section 97G of the Act of a
decision to refuse to grant an amendment to a
permit in accordance with an application referred
to the Minister in accordance with section 97B
or 97C of the Act must be in the form of Form 13.
__________________
r. 44
-- 26 of 69 --
PArt 5—Certificates of Compliance
Planning and Environment Regulations 2005
S.R. No. 33/2005
23
PART 5—CERTIFICATES OF COMPLIANCE
45. Form of certificates
(1) A certificate of compliance applied for under
section 97N(1)(a) of the Act must be in the form
of Form 14.
(2) A certificate of compliance applied for under
section 97N(1)(b) of the Act must be in the form
of Form 15.
46. Application for review under section 97P(1)(a)
An application for review under section 97P(1)(a)
of the Act must be made within 60 days after the
responsible authority gave notice of its decision to
refuse to issue a certificate under section 97O(4)
or 97O(5) of the Act.
47. Time to issue a certificate under section 97P
For the purposes of section 97P(1)(b) of the Act,
the prescribed time is 30 days.
__________________
r. 45
-- 27 of 69 --
Part 6—Compensation
Planning and Environment Regulations 2005
S.R. No. 33/2005
24
PART 6—COMPENSATION
48. Statement under section 110
A statement of compensation paid which is lodged
under section 110 of the Act must be in the form
of Form 16.
49. Request under section 110
A request under section 110(4) of the Act to
cancel an entry made under section 110(3) of the
Act must be in the form of Form 17.
__________________
r. 48
-- 28 of 69 --
Part 7—Enforcement and Legal Proceedings
Planning and Environment Regulations 2005
S.R. No. 33/2005
25
PART 7—ENFORCEMENT AND LEGAL PROCEEDINGS
50. Contents of planning infringement notice
In addition to the matters set out in section 130(2)
of the Act, a planning infringement notice must
contain—
(a) the name and address of the responsible
authority; and
(b) the name of the authorised officer; and
(c) the name and address of the person alleged
to have committed the offence; and
(d) the address or other information required to
identify the land where the offence occurred;
and
(e) the date and, if necessary, the time the
offence occurred; and
(f) the circumstances of the alleged offence; and
(g) the names and addresses of the owner and
the occupier of the land; and
(h) the date of issue of the infringement notice;
and
(i) relevant details to assist a person to pay the
penalty; and
(j) the period for payment and the time by
which any additional steps required to
expiate the offence must be carried out; and
(k) a statement to the effect that—
(i) if the amount of the penalty is paid and
any required additional steps taken
within the requisite times the matter
will not be brought before a court;
however the responsible authority may
withdraw an infringement notice at any
r. 50
-- 29 of 69 --
Part 7—Enforcement and Legal Proceedings
Planning and Environment Regulations 2005
S.R. No. 33/2005
26
time within 28 days after the notice is
served by serving a withdrawal notice,
and if the authority withdraws the
notice the authority may either take no
other action or may take other action
including bringing the matter before a
court or seeking an enforcement order
in accordance with the Act; and
(ii) a planning infringement notice cannot
be withdrawn if within the requisite
time any required steps have been taken
and the penalty paid; and
(l) the signature of the authorised officer who
issued the notice.
51. Payment of penalties under section 132
Payment of any penalty under section 132 of the
Act may be made to the responsible authority—
(a) by post; or
(b) at the office of the responsible authority
during office hours; or
(c) at any other place authorised by the
responsible authority and specified on the
infringement notice.
52. Service of notices and documents
(1) For the purposes of section 147(1)(c) of the Act,
the other prescribed ways in which a person may
give, serve or publish any notice or document
are—
(a) by messenger or courier service; and
(b) if the person required to serve the notice or
document has taken reasonable steps to
ensure that the person to be served with the
notice or document has suitable
arrangements for its receipt, by document
r. 51
-- 30 of 69 --
Part 7—Enforcement and Legal Proceedings
Planning and Environment Regulations 2005
S.R. No. 33/2005
27
exchange, electronic communication or
facsimile machine; and
(c) if the person required to give or serve the
notice or document (the notifier) has taken
reasonable steps to ensure that the person to
be given or served with the notice or
document (the recipient) has suitable
arrangements for the receipt of electronic
communications and has agreed to receive
the notice or document by electronic
communication in accordance with this
paragraph, by—
(i) making the notice or document
available on the notifier's electronic
address or an electronic address
appointed by the notifier for retrieval
by electronic communication by the
recipient; and
(ii) promptly notifying the recipient by
electronic communication that the
notice or document is available for
retrieval on that address and the nature
of the notice or document.
(2) In this regulation "electronic communication"
has the same meaning as it has in the Electronic
Transactions (Victoria) Act 2000.
53. Time for decision—section 149
The prescribed time for a decision of a kind
referred to in section 149(1)(a), 149(1)(b)
or 149(1)(c) of the Act is 30 days.
__________________
r. 53
-- 31 of 69 --
Part 8—Administration
Planning and Environment Regulations 2005
S.R. No. 33/2005
28
PART 8—ADMINISTRATION
54. Registration of agreements under section 181
An application to the Registrar of Titles under
section 181 of the Act must be in the form of
Form 18.
55. Cancellation or amendment of registered
agreements under section 183
A responsible authority must tell the Registrar of
Titles under section 183 of the Act—
(a) of the ending of any agreement, in the form
of Form 19; or
(b) of an amendment to an agreement (other than
an amendment referred to in paragraph (c))
in the form of Form 20; or
(c) of an amendment to an agreement removing
certain land from the application of the
agreement, in the form of Form 21.
56. Review of decisions under section 184
(1) An application for review under section 184(1) of
the Act must be made within 60 days after the
applicant was given a copy of the proposed
agreement.
(2) An application for review under section 184(3) of
the Act must be made after 60 days after the
applicant gave the other parties to the agreement a
copy of the proposed amendment to the
agreement.
r. 54
-- 32 of 69 --
Part 8—Administration
Planning and Environment Regulations 2005
S.R. No. 33/2005
29
57. Planning certificates under section 199
For the purposes of section 199(1) of the Act, the
prescribed information to be set out in a planning
certificate is—
(a) the certificate reference number; and
(b) the name and address of the applicant for the
certificate; and
(c) the name and address of the responsible
authority issuing the certificate; and
(d) the address of the land the subject of the
certificate; and
(e) the name of the planning scheme covering
the land; and
(f) a description of the provisions of the
planning scheme shown on the planning
scheme maps which apply to the land; and
(g) a description of any amendment to the
planning scheme maps available for
inspection under section 18 of the Act which
apply to the land.
58. Declaration under section 201
An application for a declaration under section 201
of the Act must be in the form of Form 22.
59. Time under section 201
For the purposes of section 201(3) of the Act, the
prescribed time is 45 days.
60. Region
For the purposes of the Act, the Metropolitan
Region defined in Schedule One to the Planning
and Environment Regulations 19883 as in force at
16 February 1988 is a prescribed region.
__________________
r. 57
-- 33 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
30
SCHEDULES
SCHEDULE 1
FORMS
FORM 1
Section 38(1)
NOTICE OF APPROVAL OF AMENDMENT TO A PLANNING
SCHEME TO BE PRESENTED TO PARLIAMENT
[if amendment was approved by the Minister under section 35] On [insert
date] the Minister for Planning approved Amendment No. [insert amendment
number] to the [insert name of planning scheme].
[if amendment was approved by the planning authority under section 35B]
On [insert date] the [name of planning authority] approved Amendment
No. [insert amendment number] to the [insert name of planning scheme].
The amendment was approved under the authority of the Minister for
Planning, given on [insert date authority was given].
The amendment was prepared by [insert name of planning authority].
[Insert name of responsible authority] will be responsible for administering
the Scheme.
The changes to the scheme are: [describe the changes made by the
amendment].
[If the Minister has exempted the planning authority or himself or herself
from any of the notice requirements of section 17, 18, 19 or the regulations
insert the appropriate paragraph[s]—]
The Minister exempted [planning authority/himself or herself] from the
requirements of section [insert the section[s] from which exemption was
given] of the Planning and Environment Act 1987 being the requirement
[describe the requirement[s] from which exemption was given].
The Minister exempted [planning authority/himself or herself] from the
requirements of [insert the regulation[s] from which exemption was given] of
the Planning and Environment Regulations 2005 being the requirement
[describe the requirement[s] from which exemption was given].
Sch. 1
-- 34 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
31
[If any exemption was given, insert the appropriate paragraph—]
No notice of the amendment was given.
Notice of the amendment was given [describe the notice given].
[If any exemption was given, insert the appropriate paragraph—]
The Minister did not consult the responsible authority.
The Minister consulted the responsible authority which recommended in
relation to the exemption—
[Insert summary of the responsible authority's recommendations if any]
[Insert name and position of officer giving notice on behalf of the Minister]
For the Minister for Planning
Date: [insert date notice given]
__________________
Sch. 1
-- 35 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
32
FORM 2
Section 52
NOTICE OF AN APPLICATION FOR A PLANNING PERMIT
The land affected by the application is located at [insert the location of the
land].
The application is for a permit to [insert the use, development, or other
matter applied for].
The applicant for the permit is [insert the name of the applicant for the
permit].
The application reference number is [insert reference number].
You may look at the application and any documents that support the
application at the office of the responsible authority, [insert name of
responsible authority, and address where the application can be inspected].
This can be done during office hours and is free of charge.
Any person who may be affected by the granting of the permit may object or
make other submissions to the responsible authority.
An objection must be sent to the responsible authority in writing, include the
reasons for the objection and state how the objector would be affected.
The responsible authority will not decide on the application before [insert
a date which is at least 14 days after the date the last notice under
section 52(1) or 52(1AA) of the Act is to be given].
If you object, the responsible authority will tell you its decision.
__________________
Sch. 1
-- 36 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
33
FORM 3
Section 52
NOTICE OF AN APPLICATION FOR AN AMENDMENT TO
A PLANNING PERMIT
The land affected by the application is located at [insert the location of the
land].
The application is to amend permit number [insert the reference number for
the permit proposed to be amended] by [insert a brief description of the
change applied for].
The applicant for the amendment to the permit is [insert the name of the
applicant for the permit].
The application reference number is [insert reference number].
You may look at the application and any documents that support the
application at the office of the responsible authority, [insert name of
responsible authority, and address where the application can be inspected].
This can be done during office hours and is free of charge.
Any person who may be affected by the proposed amendment to the permit
may object or make other submissions to the responsible authority.
An objection must be sent to the responsible authority in writing, include the
reasons for the objection and state how the objector would be affected.
The responsible authority will not decide on the application before
[insert a date which is at least 14 days after the date the last notice under
section 52(1) or 52(1AA) of the Act is to be given].
If you object, the responsible authority will tell you its decision.
__________________
Sch. 1
-- 37 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
34
FORM 4
Sections 63 and 86
PLANNING PERMIT
Permit No.:
Planning Scheme:
Responsible Authority:
ADDRESS OF THE LAND:
THE PERMIT ALLOWS:
THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:
Date Issued:
Signature for the Responsible Authority:
[if the permit has been amended, include the following table indicating the
date and nature of amendments included in the amended permit]
THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:
Date of amendment Brief description of amendment
IMPORTANT INFORMATION ABOUT THIS PERMIT
WHAT HAS BEEN DECIDED?
The Responsible Authority has issued a permit.
(Note: This is not a permit granted under Division 5 or 6 of Part 4 of the
Planning and Environment Act 1987.)
WHEN DOES A PERMIT BEGIN?
A permit operates:
* from the date specified in the permit; or
* if no date is specified, from—
(i) the date of the decision of the Victorian Civil and Administrative
Tribunal, if the permit was issued at the direction of the Tribunal;
or
(ii) the date on which it was issued, in any other case.
Sch. 1
-- 38 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
35
WHEN DOES A PERMIT EXPIRE?
1. A permit for the development of land expires if—
* the development or any stage of it does not start within the time
specified in the permit; or
* 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
* the development or any stage is not completed within the time
specified in the permit, or, if no time is specified, within two years
after the issue of the permit or in the case of a subdivision or
consolidation within 5 years of the certification of the plan of
subdivision or consolidation under the Subdivision Act 1988.
2. A permit for the use of land expires if—
* the use does not start within the time specified in the permit, or if no
time is specified, within two years after the issue of the permit; or
* the use is discontinued for a period of two years.
3. A permit for the development and use of land expires if—
* the development or any stage of it does not start within the time
specified in the permit; or
* the development or any stage of it is not completed within the time
specified in the permit, or, if no time is specified, within two years
after the issue of the permit; or
* the use does not start within the time specified in the permit, or, if no
time is specified, within two years after the completion of the
development; or
* the use is discontinued for a period of two years.
4. If a permit for the use of land or the development and use of land or
relating to any of the circumstances mentioned in section 6A(2) of the
Planning and Environment Act 1987, or to any combination of use,
development or any of those circumstances requires the certification of a
plan under the Subdivision Act 1988, unless the permit contains a
different provision—
* the use or development of any stage is to be taken to have started
when the plan is certified; and
* the permit expires if the plan is not certified within two years of the
issue of the permit.
5. The expiry of a permit does not affect the validity of anything done under
that permit before the expiry.
Sch. 1
-- 39 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
36
WHAT ABOUT APPEALS?
* The person who applied for the permit may apply for a review of any
condition in the permit unless it was granted at the direction of the
Victorian Civil and Administrative Tribunal, in which case no right of
review exists.
* An application for review must be lodged within 60 days after the
permit was issued, unless a notice of decision to grant a permit has
been issued previously, in which case the application for review must
be lodged within 60 days after the giving of that notice.
* An application for review is lodged with the Victorian Civil and
Administrative Tribunal.
* An application for review must be made on an Application for Review
form which can be obtained from the Victorian Civil and
Administrative Tribunal, and be accompanied by the applicable fee.
* An application for review must state the grounds upon which it is
based.
* An application for review must also be served on the Responsible
Authority.
* Details about applications for review and the fees payable can be
obtained from the Victorian Civil and Administrative Tribunal.
__________________
Sch. 1
-- 40 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
37
FORM 5
Section 64
NOTICE OF DECISION TO GRANT A PERMIT
Application No.:
Planning Scheme:
Responsible Authority:
THE RESPONSIBLE AUTHORITY HAS DECIDED TO GRANT A
PERMIT.
THE PERMIT HAS NOT BEEN ISSUED.
ADDRESS OF THE LAND:
WHAT WILL THE PERMIT ALLOW?
WHAT WILL THE CONDITIONS OF THE PERMIT BE?
Date Issued:
Signature for the Responsible Authority:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
The Responsible Authority has decided to grant a permit. The permit has not
been issued.
This notice sets out what the permit will allow and what conditions the
permit will be subject to if issued.
WHAT ABOUT APPEALS?
For the Applicant—
* The person who applied for the permit may apply for review of any
condition in the notice of decision to grant a permit. The application
for review must be lodged within 60 days of the giving of this notice.
For an Objector—
* An objector may apply for review of the decision of the Responsible
Authority to grant a permit. The application for review must be
lodged within 21 days of the giving of this notice.
* If there is no application for review, a permit will be issued after
21 days of the giving of this notice.
Sch. 1
-- 41 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
38
For all applications for review—
* An application for review is lodged with the Victorian Civil and
Administrative Tribunal.
* An application for review must be made on the Application for
Review form which can be obtained from the Victorian Civil and
Administrative Tribunal, and be accompanied by the applicable fee.
* An application for review must state the grounds upon which it is
based.
* An application for review must also be served on the Responsible
Authority.
* Notice of the application for review must be given in writing to all
other parties to the review as soon as practicable after an application
for review is lodged. An objector who applies for a review must give
notice to the person who applied for the permit.
An applicant who applies for review must give notice to all objectors.
* Details about applications for review and the fees payable can be
obtained from the Victorian Civil and Administrative Tribunal.
__________________
Sch. 1
-- 42 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
39
FORM 6
Sections 64 and 75
NOTICE OF DECISION TO AMEND A PERMIT
Application No.:
Planning Scheme:
Responsible Authority:
THE RESPONSIBLE AUTHORITY HAS DECIDED TO AMEND A
PERMIT.
THE AMENDED PERMIT HAS NOT BEEN ISSUED.
ADDRESS OF THE LAND:
PERMIT FOR WHICH AMENDMENT WAS SOUGHT:
WHAT AMENDMENT IS BEING MADE TO THE PERMIT?
(if applicable) TO WHAT CONDITIONS IS THE AMENDMENT
SUBJECT?
Date Issued:
Signature for the Responsible Authority:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
The Responsible Authority has decided to amend a permit. The amended
permit has not been issued.
This notice sets out the changes to be made to the existing permit.
WHAT ABOUT APPEALS?
For the Applicant—
* The person who applied for the amendment to the permit may apply
for review of any amendment to what the permit will allow, and any
new or amended condition to which the permit will be subject, and
any provision of the permit which the applicant asked to be amended
but which has not been amended. The application for review must be
lodged within 60 days of the giving of this notice.
Sch. 1
-- 43 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
40
For an Objector—
* An objector may apply for review of the decision of the Responsible
Authority to amend a permit. The application for review must be
lodged within 21 days of the giving of this notice.
* If there is no application for review, an amended permit will be issued
after 21 days of the giving of this notice.
For all applications for review—
* An application for review is lodged with the Victorian Civil and
Administrative Tribunal.
* An application for review must be made on the Application for
Review form which can be obtained from the Victorian Civil and
Administrative Tribunal, and be accompanied by the applicable fee.
* An application for review must state the grounds upon which it is
based.
* An application for review must also be served on the Responsible
Authority.
* Notice of the application for review must be given in writing to all
other parties to the review as soon as practicable after an application
for review is lodged. An objector who applies for a review must give
notice to the person who applied for the amendment to the permit.
An applicant who applies for review must give notice to all objectors.
* Details about applications for review and the fees payable can be
obtained from the Victorian Civil and Administrative Tribunal.
__________________
Sch. 1
-- 44 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
41
FORM 7
Section 65
REFUSAL TO GRANT A PERMIT
Application No.:
Planning Scheme:
Responsible Authority:
ADDRESS OF THE LAND:
WHAT HAS BEEN REFUSED?
WHAT ARE THE REASONS FOR THE REFUSAL?
Date Issued:
Signature for the Responsible Authority:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
* The responsible authority has decided to refuse to grant a permit.
(Note: This is not a refusal under Division 5 of Part 4 of the Planning
and Environment Act 1987.)
* This notice sets out the reasons for the refusal.
* The reasons or grounds on which the application has been refused are
those of the responsible authority unless otherwise stated.
WHAT ABOUT APPEALS?
* The person who applied for the permit may apply for a review of the
refusal.
* The application for review must be lodged within 60 days of the
giving of this notice.
* An application for review is lodged with the Victorian Civil and
Administrative Tribunal.
* An application for review must be made on the Application for
Review form which can be obtained from the Victorian Civil and
Administrative Tribunal and be accompanied by the applicable fee.
* An application for review must state the grounds upon which it is
based.
Sch. 1
-- 45 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
42
* An application for review must also be served on the Responsible
Authority.
* Notice of the application for review must be given in writing to all
other parties to the review as soon as practicable after an application
for review is lodged.
* An applicant who applies for a review must give notice to all
objectors.
* Details about applications for review and the fees payable can be
obtained from the Victorian Civil and Administrative Tribunal.
For an Objector—
* If the applicant applies for a review of this decision, the applicant
must give notice in writing to all objectors as soon as practicable after
an application for review is lodged. Objectors will be invited to any
application for review hearing.
__________________
Sch. 1
-- 46 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
43
FORM 8
Section 76
REFUSAL TO GRANT AN AMENDMENT TO A PERMIT
Application No.:
Planning Scheme:
Responsible Authority:
ADDRESS OF THE LAND:
PERMIT FOR WHICH AMENDMENT WAS SOUGHT:
WHAT HAS BEEN REFUSED?
WHAT ARE THE REASONS FOR THE REFUSAL?
Date Issued:
Signature for the Responsible Authority:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
* The responsible authority has decided to refuse to amend a permit.
* This notice sets out the reasons for the refusal.
* The reasons or grounds on which the application has been refused are
those of the responsible authority unless otherwise stated.
WHAT ABOUT APPEALS?
* The person who applied for the amendment of the permit may apply
for a review of the refusal.
* The application for review must be lodged within 60 days of the
giving of this notice.
* An application for review is lodged with the Victorian Civil and
Administrative Tribunal.
* An application for review must be made on the Application for
Review form which can be obtained from the Victorian Civil and
Administrative Tribunal and be accompanied by the applicable fee.
* An application for review must state the grounds upon which it is
based.
Sch. 1
-- 47 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
44
* An application for review must also be served on the Responsible
Authority.
* Notice of the application for review must be given in writing to all
other parties to the review as soon as practicable after an application
for review is lodged.
* An applicant who applies for review must give notice to all objectors.
* Details about applications for review and the fees payable can be
obtained from the Victorian Civil and Administrative Tribunal.
For an Objector—
* If the applicant applies for a review of this decision, the applicant
must give notice in writing to all objectors as soon as practicable after
an appeal is lodged. Objectors will be invited to any application for
review hearing.
__________________
Sch. 1
-- 48 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
45
FORM 9
Section 96J
PLANNING PERMIT GRANTED UNDER DIVISION 5 OF PART 4
OF THE PLANNING AND ENVIRONMENT ACT 1987
Permit No.:
Planning Scheme:
Responsible Authority:
ADDRESS OF THE LAND:
THE PERMIT ALLOWS:
THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:
Date Issued:
Date Permit comes into operation:
(or if no date is specified, the permit comes into operation on the same day as
the amendment to which the permit applies comes into operation)
Signature for the Responsible Authority:
[if the permit has been amended, include the following table indicating the
date and nature of amendments included in the amended permit]
THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:
Date of amendment Brief description of amendment
IMPORTANT INFORMATION ABOUT THIS PERMIT
WHAT HAS BEEN DECIDED?
The Responsible Authority has issued a permit. The permit was granted by
the Minister administering the Planning and Environment Act 1987 under
section 96I of that Act.
WHEN DOES THE PERMIT BEGIN?
The permit operates from a day specified in the permit being a day on or after
the day on which the amendment to which the permit applies comes into
operation.
Sch. 1
-- 49 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
46
WHEN DOES A PERMIT EXPIRE?
1. A permit for the development of land expires if—
* the development or any stage of it does not start within the time
specified in the permit; or
* 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
* the development or any stage is not completed within the time
specified in the permit, or, if no time is specified, within two years
after the issue of the permit or in the case of a subdivision or
consolidation within 5 years of the certification of the plan of
subdivision or consolidation under the Subdivision Act 1988.
2. A permit for the use of land expires if—
* the use does not start within the time specified in the permit, or if no
time is specified, within two years after the issue of the permit; or
* the use is discontinued for a period of two years.
3. A permit for the development and use of land expires if—
* the development or any stage of it does not start within the time
specified in the permit; or
* the development or any stage of it is not completed within the time
specified in the permit, or, if no time is specified, within two years
after the issue of the permit; or
* the use does not start within the time specified in the permit, or, if no
time is specified, within two years after the completion of the
development; or
* the use is discontinued for a period of two years.
4. If a permit for the use of land or the development and use of land or
relating to any of the circumstances mentioned in section 6A(2) of the
Planning and Environment Act 1987, or to any combination of use,
development or any of those circumstances requires the certification of a
plan under the Subdivision Act 1988, unless the permit contains a
different provision—
* the use or development of any stage is to be taken to have started
when the plan is certified; and
* the permit expires if the plan is not certified within two years of the
issue of the permit.
5. The expiry of a permit does not affect the validity of anything done under
that permit before the expiry.
Sch. 1
-- 50 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
47
WHAT ABOUT APPEALS?
* Any person affected may apply for a review of—
• 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
• 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) of the Planning and
Environment Act 1987; or
• the failure of the responsible authority to extend the time within
one month after the request for extension is made.
* An application for review is lodged with the Victorian Civil and
Administrative Tribunal.
* An application for review must be made on an Application for
Review form which can be obtained from the Victorian Civil and
Administrative Tribunal, and be accompanied by the applicable fee.
* An application for review must state the grounds upon which it is
based.
* An application for review must also be served on the Responsible
Authority.
* Details about applications for review and the fees payable can be
obtained from the Victorian Civil and Administrative Tribunal.
__________________
Sch. 1
-- 51 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
48
FORM 10
Section 96K
REFUSAL TO GRANT A PERMIT UNDER SECTION 96K OF
THE PLANNING AND ENVIRONMENT ACT 1987
Application No.:
Planning Scheme:
Responsible Authority:
ADDRESS OF THE LAND:
WHAT HAS BEEN REFUSED?
GROUNDS ON WHICH THE PERMIT IS REFUSED:
Date Issued:
Signature for the Responsible Authority:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
* The Minister has directed the responsible authority to refuse the permit.
* The grounds on which the permit is refused are set out in this notice.
* The grounds are those of the Minister.
WHAT ABOUT APPEALS?
In accordance with section 96M of the Planning and Environment Act
1987, an applicant may not apply to the Victorian Civil and Administrative
Tribunal for a review of this decision.
__________________
Sch. 1
-- 52 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
49
FORM 11
Section 97F
PLANNING PERMIT GRANTED BY THE MINISTER UNDER
DIVISION 6 OF PART 4 OF THE PLANNING AND ENVIRONMENT
ACT 1987
Permit No.:
Planning Scheme:
Responsible Authority for Administration and Enforcement of this permit:
ADDRESS OF THE LAND:
THE PERMIT ALLOWS:
THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:
Date Issued:
Signature for the Minister:
[if the permit has been amended, include the following table indicating the
date and nature of amendments included in the amended permit]
THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:
Date of amendment Brief description of amendment
IMPORTANT INFORMATION ABOUT THIS PERMIT
WHAT HAS BEEN DECIDED?
The Minister has granted and issued a permit under Division 6 of Part 4 of
the Planning and Environment Act 1987.
WHEN DOES A PERMIT BEGIN?
A permit operates—
* from the date specified in the permit; or
* if no date is specified, from the date on which it was issued.
WHEN DOES A PERMIT EXPIRE?
1. A permit for the development of land expires if—
* the development or any stage of it does not start within the time
specified in the permit; or
Sch. 1
-- 53 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
50
* 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
* the development or any stage is not completed within the time
specified in the permit, or, if no time is specified, within two years
after the issue of the permit or in the case of a subdivision or
consolidation within 5 years of the certification of the plan of
subdivision or consolidation under the Subdivision Act 1988.
2. A permit for the use of land expires if—
* the use does not start within the time specified in the permit, or if no
time is specified, within two years after the issue of the permit; or
* the use is discontinued for a period of two years.
3. A permit for the development and use of land expires if—
* the development or any stage of it does not start within the time
specified in the permit; or
* the development or any stage of it is not completed within the time
specified in the permit, or, if no time is specified, within two years
after the issue of the permit; or
* the use does not start within the time specified in the permit, or, if no
time is specified, within two years after the completion of the
development; or
* the use is discontinued for a period of two years.
4. If a permit for the use of land or the development and use of land or
relating to any of the circumstances mentioned in section 6A(2) of the
Planning and Environment Act 1987, or to any combination of use,
development or any of those circumstances requires the certification of a
plan under the Subdivision Act 1988, unless the permit contains a
different provision—
* the use or development of any stage is to be taken to have started
when the plan is certified; and
* the permit expires if the plan is not certified within two years of the
issue of the permit.
5. The expiry of a permit does not affect the validity of anything done under
that permit before the expiry.
6. In accordance with section 97H of the Planning and Environment Act
1987, the Minister is the responsible authority in respect to any extension
of time under section 69 in relation to this permit.
Sch. 1
-- 54 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
51
WHAT ABOUT APPEALS?
The permit has been granted and issued by the Minister under Division 6 of
Part 4 of the Planning and Environment Act 1987. Section 97M provides
that Divisions 2 and 3 of that Part and section 149A do not apply in relation
to an application referred to the Minister under this Division, a permit issued
under this Division or an amendment of a permit issued under this Division.
The effect of this is that the Minister's decision is final.
__________________
Sch. 1
-- 55 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
52
FORM 12
Section 97G
REFUSAL BY THE MINISTER TO GRANT A PERMIT UNDER
SECTION 97F OF THE PLANNING AND ENVIRONMENT ACT 1987
Application No.:
Planning Scheme:
ADDRESS OF THE LAND:
WHAT HAS BEEN REFUSED?
GROUNDS ON WHICH THE PERMIT IS REFUSED:
Date Issued:
Signature for the Minister for Planning:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
The Minister has refused the permit. The grounds on which the permit is
refused are set out in this notice. The grounds are those of the Minister
except as otherwise noted.
WHAT ABOUT APPEALS?
There is no provision in the Planning and Environment Act 1987 for an
applicant to apply to the Victorian Civil and Administrative Tribunal for a
review of this decision.
__________________
Sch. 1
-- 56 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
53
FORM 13
Section 97K
REFUSAL BY THE MINISTER TO GRANT AN AMENDMENT TO A
PERMIT UNDER SECTION 97F OF THE PLANNING AND
ENVIRONMENT ACT 1987
Application No.:
PLANNING SCHEME:
RESPONSIBLE AUTHORITY WHICH ISSUED THE ORIGINAL
PERMIT:
ADDRESS OF THE LAND:
PERMIT FOR WHICH AMENDMENT WAS SOUGHT:
WHAT HAS BEEN REFUSED?
GROUNDS ON WHICH THE AMENDMENT TO THE PERMIT IS
REFUSED:
Date Issued:
Signature for the Minister for Planning:
IMPORTANT INFORMATION ABOUT THIS NOTICE:
WHAT HAS BEEN DECIDED?
The Minister has refused to amend the permit. The grounds on which the
amendment to the permit is refused are set out in this notice. The grounds are
those of the Minister except as otherwise noted.
WHAT ABOUT APPEALS?
There is no provision in the Planning and Environment Act 1987 for an
applicant to apply to the Victorian Civil and Administrative Tribunal for a
review of this decision.
__________________
Sch. 1
-- 57 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
54
FORM 14
Section 97O
CERTIFICATE OF COMPLIANCE—EXISTING USE OR
DEVELOPMENT
Certificate No.:
Planning Scheme:
Responsible Authority:
ADDRESS OF THE LAND:
THE CERTIFICATE REFERS TO: [State the use and development carried
out and existing on the land. This may include reference to any plans or
documents forming part of the application and endorsed by the responsible
authority.]
This Certificate is issued in accordance with section 97N(1)(a) of the
Planning and Environment Act 1987. The use or development existing on
the land and referred to in this Certificate complies with the requirements of
the planning scheme at the date of this Certificate.
Date Issued:
Signature for the Responsible Authority:
IMPORTANT INFORMATION ABOUT THIS CERTIFICATE
WHAT IS THIS CERTIFICATE?
The Responsible Authority has issued this Certificate with respect to the use
and development existing on the subject land and referred to in the
Certificate.
EFFECT OF CERTIFICATE
A Certificate is a statement about the effect of the planning scheme on the
use or development on the land on the day it was issued.
__________________
Sch. 1
-- 58 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
55
FORM 15
Section 97O
CERTIFICATE OF COMPLIANCE—PROPOSED USE OR
DEVELOPMENT
Certificate No.:
Planning Scheme:
Responsible Authority:
ADDRESS OF THE LAND:
THE CERTIFICATE REFERS TO: [State the use and development
proposed. This may include reference to any plans or documents forming
part of the application and endorsed by the responsible authority.]
This Certificate is issued in accordance with section 97N(1)(b) of the
Planning and Environment Act 1987. The use or development of the land
proposed to be commenced or carried out and referred to in this Certificate
complies with the requirements of the planning scheme at the date of this
Certificate.
[Include the following paragraph only if required] The following parts of the
use or development referred to in the application for this Certificate are
prohibited by the planning scheme or prohibited by the scheme unless a
permit is granted by the responsible authority:
Date Issued:
Signature for the Responsible Authority:
IMPORTANT INFORMATION ABOUT THIS CERTIFICATE
WHAT IS THIS CERTIFICATE?
The Responsible Authority has issued this Certificate in respect to an
application. It also sets out any aspects of the use or development referred to
in the application which do not comply with the planning scheme.
EFFECT OF A CERTIFICATE
A Certificate is a statement about the effect of the planning scheme on a
proposed use or development, on the day it was issued.
Sch. 1
-- 59 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
56
WHAT ABOUT APPEALS?
A Certificate is a statement about the provisions of the planning scheme.
If you disagree with the refusal of the responsible authority to issue a
Certificate for any aspect of the use or development covered in the
application, you may apply for a review of that decision to the Victorian Civil
and Administrative Tribunal in accordance with section 97P of the Planning
and Environment Act 1987 and the relevant provisions of the Victorian
Civil and Administrative Tribunal Act 1998.
* An application for review is lodged with the Victorian Civil and
Administrative Tribunal.
* An application for review must be made on the Application for
Review form which can be obtained from the Victorian Civil and
Administrative Tribunal, and be accompanied by the applicable fee.
* An application for review must state the grounds upon which it is
based.
* An application for review must also be served on the Responsible
Authority.
* Details about applications for review and the fees payable can be
obtained from the Victorian Civil and Administrative Tribunal.
__________________
Sch. 1
-- 60 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
57
FORM 16
Section 110(2)
STATEMENT OF COMPENSATION PAID
Lodged by:
Name:
Phone:
Address:
Ref: Customer Code:
The Applicant having paid compensation to the Owners or Occupiers
requests that a recording of this Statement be made in the Register for the
land.
Land for which compensation has been paid: (insert Volume and Folio
reference) (if part only, define the part)
Applicant: (name and address)
Owners or Occupiers: (name and address)
Details of Compensation:
Amount Paid:
Reason for compensation:
Section and Act under which compensation paid:
Signature for applicant:
Name of Officer:
Date:
__________________
Sch. 1
-- 61 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
58
FORM 17
Section 110(4)
CANCELLATION OF STATEMENT OF COMPENSATION PAID
Planning and Environment Act 1987
Lodged by:
Name:
Phone:
Address:
Ref: Customer Code:
The Applicant requests cancellation of the recording of the Statement of
Compensation Paid made in the Register for the land.
Land: (insert Volume and Folio reference) (if part only, define the part)
Applicant: (name and address)
Application Number: (insert the number given to the dealing when the
notification of the statement was made to the Office of Titles)
Signature for applicant:
Name of Officer:
Date:
__________________
Sch. 1
-- 62 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
59
FORM 18
Section 181
APPLICATION BY A RESPONSIBLE AUTHORITY FOR THE
MAKING OF A RECORDING OF AN AGREEMENT
Planning and Environment Act 1987
Lodged by:
Name:
Phone:
Address:
Ref: Customer Code:
The Authority having made an agreement referred to in section 181(1) of the
Planning and Environment Act 1987 requires a recording to be made in the
Register for the land.
Land: (insert Volume and Folio reference) (if part only, define the part)
Authority: (name and address)
Section and Act under which agreement made:
A copy of the Agreement is attached to this Application.
Signature for the Authority:
Name of Officer:
Date:
__________________
Sch. 1
-- 63 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
60
FORM 19
Section 183
NOTIFICATION BY A RESPONSIBLE AUTHORITY OF THE
ENDING OF AN AGREEMENT
Planning and Environment Act 1987
Lodged by:
Name:
Phone:
Address:
Ref: Customer Code:
The Authority notifies that the Agreement has ended and requires
cancellation of the recording in the Register for the land.
Land: (insert Volume and Folio references of all land affected by agreement)
Authority: (name and address)
Agreement Application Number: (insert Office of Titles reference)
Signature for the Authority:
Name of Officer:
Date:
__________________
Sch. 1
-- 64 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
61
FORM 20
Section 183
NOTIFICATION BY A RESPONSIBLE AUTHORITY OF
AMENDMENT OF AN AGREEMENT
Planning and Environment Act 1987
Lodged by:
Name:
Phone:
Address:
Ref: Customer Code:
The Authority notifies that the agreement has been amended and requires that
the recording in the Register be altered accordingly.
Land: (insert Volume and Folio references of all affected land)
Authority: (name and address)
Agreement Application Number: (insert Office of Titles reference)
The Agreement has been amended in accordance with the terms of the Deed
of Amendment to an Agreement, (or a provision in a Statement of
Compliance relative to Plan of Subdivision or pursuant to an Order of the
Victorian Civil and Administrative Tribunal), a copy of which is attached.
Signature for the Authority:
Name of Officer:
Date:
__________________
Sch. 1
-- 65 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
62
FORM 21
Section 183
APPLICATION BY A RESPONSIBLE AUTHORITY FOR AN
AMENDMENT TO REMOVE LAND FROM AN AGREEMENT
Planning and Environment Act 1987
Lodged by:
Name:
Phone:
Address:
Ref: Customer Code:
The Authority notifies that the Agreement has been amended so as to remove
the land from its effect and requires cancellation of the recording in the
Register for the land.
Land: (insert Volume and Folio references to land to be removed)
Authority: (name and address)
Agreement Application Number: (insert Office of Titles reference)
The Agreement has been amended in accordance with the terms of the Deed
of Amendment to an Agreement, (or a provision in a Statement of
Compliance relative to a Plan of Subdivision or pursuant to an Order of the
Victorian Civil and Administrative Tribunal), a copy of which is attached.
Signature for the Authority:
Name of Officer:
Date:
__________________
Sch. 1
-- 66 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
63
FORM 22
Section 201(2)
APPLICATION FOR UNDERLYING ZONING
Applicant's Name and Address:
Certificate Number states that the land at
is wholly or partly reserved for public purposes under the planning scheme.
Please provide a declaration setting out the provisions of the scheme which
would have applied to the land if it had not been reserved.
Applicant's signature:
Date:
__________________
Sch. 1
-- 67 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
64
SCHEDULE 2
Section 49(1)
REGISTER UNDER SECTION 49 OF THE ACT
Date and
Determination
of Tribunal
Correction or
Amendment
to Permit
Date and
Decision of
Responsible
Authority
Notice of
Application
Change to
Application
Proposed
Use or
Development
Address
of the
Land
Applicant's
Name and
Address
Date
Received
Application
Number
═══════════════
Sch. 2
-- 68 of 69 --
Planning and Environment Regulations 2005
S.R. No. 33/2005
65
ENDNOTES
1 Reg. 4(a): S.R. No. 8/1998 as amended by S.R. No. 97/2004.
2 Reg. 4(b): S.R. No. 97/2004.
3 Reg. 60: S.R. No. 20/1988.
Endnotes
-- 69 of 69 --