Planning and Environment Regulations 1998
i
Planning and Environment Regulations 1998
S.R. No. 8/1998
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Authorising provisions 2
3. Commencement 2
4. Revocation 2
5. Definitions 3
PART 2—PLANNING SCHEMES 4
6. Information required in relation to section 60(1)(b)(ii) 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. Ministers, public authorities, municipal councils and persons to
be given notice under section 96C(1)(c) 5
10. Notices under section 19 5
11. Notice under section 96C 6
12. Information to be submitted to the Minister under section 31 6
13. Consent to approval of amendments under section 35(4) 7
14. Notice of approval under section 38(1) 8
15. Documents to be lodged with an approved amendment 8
PART 4—PERMITS 10
16. Applications for permits 10
17. Application for permit under section 96A 10
18. Register 11
19. Notice of an application for a permit under section 52(1) 11
20. More information—section 54(2) 11
21. More information—section 55(2) 11
22. More information—section 55A(3) 12
23. Verification of information 12
-- 1 of 53 --
Regulation Page
ii
24. Form of permits other than permits granted under Division 5 of
Part 4 of the Act 12
25. Form of permits granted under Division 5 of Part 4 12
26. Time for decision—section 59 12
27. Notice under section 64 13
28. Notice under section 65 13
29. Notice under section 96K 13
30. Appeals under section 79 13
31. Notice under section 92 15
32. Time for giving of notice 15
PART 5—CERTIFICATES OF COMPLIANCE 16
33. Form of certificates 16
34. Time to issue a certificate under section 97P 16
PART 6—COMPENSATION 17
35. Statement under section 110 17
36. Request under section 110 17
PART 7—ENFORCEMENT AND LEGAL PROCEEDINGS 18
37. Planning infringement penalty 18
38. Contents of planning infringement notice 18
39. Payment of penalties under section 132 19
40. Service of notices and documents 19
41. Time for decision—section 149A 20
PART 8—ADMINISTRATION 21
42. Registration of agreements under section 181 21
43. Cancellation or amendment of registered agreements under
section 183 21
44. Planning certificates under section 199 21
45. Form of planning certificate 22
46. Declaration under section 201 22
47. Time under section 201 22
48. Regions for the purposes of the Act 22
__________________
SCHEDULES 23
SCHEDULE 1 23
Form 1—Notice of the preparation of an amendment to a planning
scheme and notice of an application for planning permit 23
Form 2—Notice of approval of amendment to a planning scheme 24
-- 2 of 53 --
Regulation Page
iii
Form 3—Notice of an application for planning permit 26
Form 4—Planning permit 27
Form 5—Planning permit granted under Division 5 of Part 4 of the
Planning and Environment Act 1987 30
Form 6—Notice of decision to grant a permit 33
Form 7—Refusal to grant a permit 35
Form 8—Refusal to grant a permit under section 96K of the Planning
and Environment Act 1987 37
Form 9—Certificate of Compliance—existing use or development 38
Form 10—Certificate of Compliance—proposed use or development 39
Form 11—Statement of compensation paid 41
Form 12—Cancellation of statement of compensation paid 42
Form 13—Application by a responsible authority for the making of
a recording of an agreement 43
Form 14—Notification by a responsible authority of the ending of
an agreement 44
Form 15—Notification by a responsible authority of amendment of
an agreement 45
Form 16—Application by a responsible authority for an amendment
to remove land from an agreement 46
Form 17—Planning certificate 47
Form 18—Application for underlying zoning 48
SCHEDULE 2—Register under section 49 of the Act 49
═══════════════
NOTES 50
-- 3 of 53 --
1
STATUTORY RULES 1998
S.R. No. 8/1998
Planning and Environment Act 1987
Planning and Environment Regulations 1998
The Governor in Council makes the following Regulations:
Dated: 3 February 1998
Responsible Minister:
ROBERT MACLELLAN
Minister for Planning and Local Government
SHARNE BRYAN
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are to
prescribe—
(a) the manner and form of giving notice
required to be given by the Act; and
(b) methods of serving notices or other
documents; and
(c) times for doing anything required to be done
by the Act; and
(d) forms for the purposes of the Act; and
(e) information to be included in any
applications, notices, permits and requests
required to be given by the Act; and
-- 4 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
2
(f) the manner of keeping the register required
to be kept by the Act; and
(g) information that is to be made available by
responsible authorities to the public and the
Minister; and
(h) that information to be given to a responsible
authority is to be verified by statutory
declaration or other means; and
(i) the penalty for offences under section 126 of
the Act for the purposes of section 130 of the
Act; and
(j) particulars which a planning infringement
notice must contain; and
(k) regions for the purposes of the Act; and
(l) any other matters required by the Act to be
prescribed.
2. Authorising provisions
These Regulations are made under sections 4G(1),
14, 19(1)(c), 31, 35(4)(a), 38, 40, 47(1)(a), 49(1),
52(1), 54(2), 55(2), 55A(3), 59(2), 64, 65, 79, 92,
96C(4)(c), 97O(2), 97P(1)(b), 110(2), 130,
132(3), 147(1)(c), 149A(1)(b)(ii), 181(2), 183(1),
199, 201(2) and 202 of the Planning and
Environment Act 1987.
3. Commencement
These Regulations come into operation on 3
February 1998.
4. Revocation1
The following Regulations are revoked—
(a) the Planning and Environment (Amendment
No. 1) Regulations 1989 2 ;
r. 2
-- 5 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
3
(b) the Planning and Environment (Amendment
No. 2) Regulations 1989 3 ;
(c) the Planning and Environment (Amendment
No. 3) Regulations 1990 4 ;
(d) the Planning and Environment (Amendment)
Regulations 1994 5 ; and
(e) the Planning and Environment (Amendment
No. 1) Regulations 1989 6 .
5. Definitions
In these Regulations "the Act" means the
Planning and Environment Act 1987.
_______________
r. 5
-- 6 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
4
PART 2—PLANNING SCHEMES
6. Information required in relation to section 60(1)(b)(ii)
If a responsible authority considers any matter
under section 60(1)(b)(ii) 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
-- 7 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
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 Mineral
Resources Development Act 1990.
9. 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 Mineral
Resources Development Act 1990.
10. Notices under section 19
r. 8
-- 8 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
6
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
(d) state where the amendment may be
inspected; and
(e) give the name and address of the planning
authority for the receipt of submissions.
11. Notice under section 96C
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 under Division 5 of Part 4 of the
Act—
(a) must include an explanatory report of the
amendment and the application; and
(b) must be in the form of Form 1.
12. 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(2), (3) and (7) of the Act; and
r. 11
-- 9 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
7
(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.
13. 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
r. 13
-- 10 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
8
(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
(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.
14. 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 2.
15. 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 amendment but which
does not form part of 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
-- 11 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
9
-- 12 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
10
PART 4—PERMITS
16. 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.
17. Application for permit under section 96A
An application for a permit under section 96A
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—
r. 16
-- 13 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
11
(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.
18. Register
For the purposes of section 49(1) of the Act, the
prescribed form of the register is in the form of
Schedule 2.
19. 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 3.
20. More information—section 54(2)
For the purposes of section 54(2) of the Act, the
prescribed time is 28 days after the responsible
authority received the application.
21. More information—section 55(2)
For the purposes of section 55(2) of the Act, the
prescribed time is 21 days.
r. 18
-- 14 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
12
22. More information—section 55A(3)
For the purposes of section 55A(3) of the Act, the
prescribed period is 21 days.
23. Verification of information
A responsible authority may require verification
of—
(a) any information in an application for 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.
24. Form of permits other than permits granted under
Division 5 of Part 4 of the Act
A permit, other than a permit granted under
Division 5 of Part 4 of the Act, must be in the
form of Form 4.
25. 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 5.
26. 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
(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
r. 22
-- 15 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
13
the responsible authority gives that
information; or
(c) if the applicant has appealed to the
Administrative Appeals 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.
27. Notice under section 64
A notice of a decision to grant a permit given
under section 64 of the Act must be in the form of
Form 6.
28. 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.
29. 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 8.
30. Appeals under section 79
(1) Except in the case of an application for a permit
which is in respect of an extractive industry, the
r. 27
-- 16 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
14
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(2) 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
(b) if within the prescribed time under section
54(2) 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 appealed against the
requirement and has given the information as
required, the day on which the information is
given; or
(c) if a requirement to give information has been
appealed against and the Administrative
Appeals 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)
of the Act, for the time between the making
of that requirement and the giving of the last
required notice; and
r. 30
-- 17 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
15
(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.
31. 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.
32. Time for giving of notice
The notice given under section 92 of the Act must
be given within 7 days of receipt by the
responsible authority of the decision of the
Administrative Appeals Tribunal.
_______________
r. 31
-- 18 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
16
PART 5—CERTIFICATES OF COMPLIANCE
33. 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 9.
(2) A certificate of compliance applied for under
section 97N(1)(b) of the Act must be in the form
of Form 10.
34. 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. 33
-- 19 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
17
PART 6—COMPENSATION
35. 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 11.
36. 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 12.
_______________
r. 35
-- 20 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
18
PART 7—ENFORCEMENT AND LEGAL PROCEEDINGS
37. Planning infringement penalty
The prescribed penalty under section 130(3) of the
Act is one penalty unit.
38. 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
r. 37
-- 21 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
19
(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
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.
39. 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.
40. Service of notices and documents
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
r. 39
-- 22 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
20
(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
exchange, electronic mail or facsimile
machine.
41. Time for decision—section 149A
For the purposes of section 149A(1)(b)(ii) of the
Act, the prescribed time is 30 days.
_______________
r. 41
-- 23 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
21
PART 8—ADMINISTRATION
42. 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 13.
43. 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 14; or
(b) of an amendment to an agreement (other than
an amendment referred to in paragraph (c))
in the form of Form 15; or
(c) of an amendment to an agreement removing
certain land from the application of the
agreement, in the form of Form 16.
44. Planning certificates under section 199
For the purposes of section 199(1) of the Act, the
prescribed information which must 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
r. 42
-- 24 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
22
(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.
45. Form of planning certificate
For the purposes of section 199(2) of the Act, the
prescribed form of a planning certificate is in the
form of Form 17.
46. Declaration under section 201
For the purposes of section 201(2) of the Act, the
prescribed form of an application for a declaration
under section 201 of the Act is in the form of
Form 18.
47. Time under section 201
For the purposes of section 201(3) of the Act, the
prescribed time is 45 days.
48. Regions for the purposes of the Act
The prescribed regions for the purposes of the Act
are the regions described in regulation 6 of, and
Schedule One to, the Planning and Environment
Regulations 1988 7 as in force at 16 February
1988.
__________________
r. 45
-- 25 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
23
SCHEDULES
SCHEDULE 1
Form 1
Section 96C
NOTICE OF THE PREPARATION OF AN AMENDMENT TO
A PLANNING SCHEME AND NOTICE OF AN APPLICATION
FOR PLANNING PERMIT
[insert name] PLANNING SCHEME
AMENDMENT [insert number]
APPLICATION [insert reference number]
The land affected by the amendment is [insert description].
The land affected by the application is [insert description].
The amendment proposes to [brief description of amendment].
The application is for a permit to [insert use, development or other matter
applied for].
The person who requested the amendment and the applicant for the permit is
[insert name].
You may inspect the:
* amendment and the application, and
* any documents that support the amendment and application, and
* the explanatory report about the amendment and application,
at the office of the planning authority, [insert name of planning authority,
and address where amendment and application can be inspected].
This can be done during office hours and is free of charge.
Any person who may be affected by the amendment or by the granting of the
permit may make a submission to the planning authority.
The closing date for submission is [insert date]. A submission must be sent to
the [name and address of planning authority].
Signature for the Planning Authority
_______________
Sch. 1
-- 26 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
24
Form 2
Section 38(1)
NOTICE OF APPROVAL
of
AMENDMENT TO A PLANNING SCHEME
To Be Presented
TO PARLIAMENT
On [insert date] the Minister for Planning and Local Government approved
Amendment No. [insert amendment number] to the [insert name of planning
scheme].
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 1998 being the requirement
[describe the requirement[s] from which exemption was given]
[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.
Sch. 1
-- 27 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
25
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 and Local Government
Date: [insert date notice given]
_______________
Sch. 1
-- 28 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
26
Form 3
Section 52(1)
NOTICE OF AN APPLICATION FOR 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) of the Act is to be given].
If you object, the responsible authority will tell you its decision.
_______________
Sch. 1
-- 29 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
27
Form 4
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:
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 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 Administrative Appeals 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.
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
Sch. 1
-- 30 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
28
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.
WHAT ABOUT APPEALS?
* The person who applied for the permit may appeal against any condition
in the permit unless it was granted at the direction of the Administrative
Appeals Tribunal, in which case no right of appeal exists.
Sch. 1
-- 31 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
29
* An appeal 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 appeal must be lodged within 60 days after the giving
of that notice.
* An appeal is lodged with the Administrative Appeals Tribunal.
* An appeal must be made on a Notice of Appeal form which can be
obtained from the Administrative Appeals Tribunal, and be accompanied
by the applicable fee.
* An appeal must state the grounds upon which it is based.
* An appeal must also be served on the Responsible Authority.
* Details about appeals and the fees payable can be obtained from the
Administrative Appeals Tribunal.
_______________
Sch. 1
-- 32 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
30
Form 5
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
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.
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
-- 33 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
31
* 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.
WHAT ABOUT APPEALS?
Sch. 1
-- 34 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
32
* Any person affected may appeal against—
• 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 appeal is lodged with the Administrative Appeals Tribunal.
* An appeal must be made on a notice of Appeal form which can be
obtained from the Administrative Appeals Tribunal, and be accompanied
by the applicable fee.
* An appeal must state the grounds upon which it is based.
* An appeal must also be served on the Responsible Authority.
* Details about appeals and the fees payable can be obtained from the
Administrative Appeals Tribunal.
_______________
Sch. 1
-- 35 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
33
Form 6
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 appeal against any
condition in the notice of decision to grant a permit. The appeal must
be lodged within 60 days of the giving of this notice.
For an Objector—
* An objector may appeal against the decision of the Responsible
Authority to grant a permit. The appeal must be lodged within 21 days
of the giving of this notice.
* If there is no appeal, a permit will be issued after 21 days of the
giving of this notice.
For all appeals—
Sch. 1
-- 36 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
34
* An appeal is lodged with the Administrative Appeals Tribunal.
* An appeal must be made on the prescribed Notice of Appeal form
which can be obtained from the Administrative Appeals Tribunal, and
be accompanied by the applicable fee.
* An appeal must state the grounds upon which it is based.
* An appeal must also be served on the Responsible Authority.
* Notice of the appeal must be given in writing to all other parties to the
appeal as soon as practicable after an appeal is lodged. An objector
who appeals must give notice to the person who applied for the
permit. An applicant who appeals must give notice to all objectors.
* Details about appeals and the fees payable can be obtained from the
Administrative Appeals Tribunal.
_______________
Sch. 1
-- 37 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
35
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 on the reverse side 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 appeal against the refusal.
The appeal must be lodged within 60 days of the giving of this notice.
* An appeal is lodged with the Administrative Appeals Tribunal.
* An appeal must be made on the prescribed Notice of Appeal form
which can be obtained from the Administrative Appeals Tribunal and
be accompanied by the applicable fee.
* An appeal must state the grounds upon which it is based.
* An appeal must also be served on the Responsible Authority.
* Notice of the appeal must be given in writing to all other parties to the
appeal as soon as practicable after an appeal is lodged. An objector
Sch. 1
-- 38 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
36
who appeals must give notice to the person who applied for the
permit. An applicant who appeals must give notice to all objectors.
* Details about appeals and the fees payable can be obtained from the
Administrative Appeals Tribunal.
For an Objector—
* If the applicant appeals against 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 appeal hearing.
_______________
Sch. 1
-- 39 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
37
Form 8
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 on the reverse side. 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 appeal the refusal to the Administrative Appeals
Tribunal.
_______________
Sch. 1
-- 40 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
38
Form 9
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
-- 41 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
39
Form 10
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.
WHAT ABOUT APPEALS?
Sch. 1
-- 42 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
40
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 appeal to the Administrative Appeals Tribunal in
accordance with section 97P of the Planning and Environment Act 1987
and the relevant provisions of the Planning Appeals Act 1980 and the
Administrative Appeals Tribunal Act 1984.
* An appeal is lodged with the Administrative Appeals Tribunal.
* An appeal must be made on the prescribed form which can be obtained
from the Administrative Appeals Tribunal, and be accompanied by the
applicable fee.
* An appeal must state the grounds upon which it is based.
* An appeal must also be served on the Responsible Authority.
* Details about appeals and the fees payable can be obtained from the
Administrative Appeals Tribunal.
_______________
Sch. 1
-- 43 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
41
Form 11
Section 110(2)
STATEMENT OF COMPENSATION PAID
Lodged at the Land Titles office 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
-- 44 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
42
Form 12
Section 110(4)
CANCELLATION OF STATEMENT OF COMPENSATION
PAID
Planning and Environment Act 1987
Lodged at the Land Titles office 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 Land Titles Office)
Signature for applicant:
Name of Officer:
Date:
_______________
Sch. 1
-- 45 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
43
Form 13
Section 181
APPLICATION BY A RESPONSIBLE AUTHORITY FOR THE
MAKING OF A RECORDING OF AN AGREEMENT
Planning and Environment Act 1987
Lodged at the Land Titles office 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
-- 46 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
44
Form 14
Section 183
NOTIFICATION BY A RESPONSIBLE AUTHORITY OF THE
ENDING OF AN AGREEMENT
Planning and Environment Act 1987
Lodged at the Land Titles office 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 Land Titles Office reference)
Signature for the Authority:
Name of Officer:
Date:
_______________
Sch. 1
-- 47 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
45
Form 15
Section 183
NOTIFICATION BY A RESPONSIBLE AUTHORITY OF
AMENDMENT OF AN AGREEMENT
Planning and Environment Act 1987
Lodged at the Land Titles office 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 Land Titles Office 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
Administrative Appeals Tribunal), a copy of which is attached.
Signature for the Authority:
Name of Officer:
Date:
_______________
Sch. 1
-- 48 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
46
Form 16
Section 183
APPLICATION BY A RESPONSIBLE AUTHORITY FOR AN
AMENDMENT TO REMOVE LAND FROM AN AGREEMENT
Planning and Environment Act 1987
Lodged at the Land Titles office 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 Land Titles Office 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
Administrative Appeals Tribunal), a copy of which is attached.
Signature for the Authority:
Name of Officer:
Date:
_______________
Sch. 1
-- 49 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
47
Form 17
Section 199(2)
PLANNING CERTIFICATE
Certificate reference number:
Applicant's name and address:
Name and address of the responsible authority issuing the certificate:
Address of the land which is the subject of the certificate:
Name of the planning scheme covering the land:
Description of the provisions of the planning scheme shown on the planning
scheme maps which apply to the land:
Description of any amendment to the planning scheme maps available for
inspection which apply to land.
Signed............................................
Authorised officer of the responsible authority
Date Issued...........................................
_______________
Sch. 1
-- 50 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
48
Form 18
Section 201(2)
Applicant's Name and Address
APPLICATION FOR UNDERLYING ZONING
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
-- 51 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
49
SCHEDULE 2
Section 49(1)
REGISTER UNDER SECTION 49 OF THE ACT
═══════════════
Sch. 2
-- 52 of 53 --
S.R. No. 8/1998
Planning and Environment Regulations 1998
50
NOTES
1 The Planning and Environment Regulations 1988, S.R. No. 20/1988,
reprinted to S.R. No. 124/1995 were revoked on 2 February 1998 by the
operation of section 5 of the Subordinate Legislation Act 1994.
2 S.R. No. 22/1989.
3 S.R. No. 195/1989.
4 S.R. No. 58/1990.
5 S.R. No. 206/1994.
6 S.R. No. 124/1995.
7 See note 1.
Notes
-- 53 of 53 --