Victorian Current Acts Victorian Current Acts(1) The Building Appeals Board must consider and determine an appeal and by its determination may—
(a) affirm the decision under appeal; or
(b) quash the decision under appeal; or
(c) vary the decision under appeal; or
(d) set the decision under appeal aside and—
(i) substitute its own decision; or
(ii) remit the decision to the decision-maker for reconsideration in accordance with any directions or recommendations that it considers appropriate.
(2) In considering and determining an appeal, the Building Appeals Board has in addition to its other powers all the powers of the decision-maker in relation to the decision under appeal.
S. 149(3) amended by No. 34/2013 s. 34(Sch. 1 item 16).
(3) Without limiting subsection (2), on an appeal under section 140 the Building Appeals Board has the same powers as the Authority has under Part 6 to give directions concerning transitional and other arrangements following a consent given by the Authority.
S. 149(3A) inserted by No. 30/2001 s. 4.
(3A) For the purposes of this Part, if an appeal is made to the Building Appeals Board against the refusal of a building permit or the imposition of a condition on a building permit, the decision under appeal is to be taken to include the decision or report of the relevant reporting authority if—
(a) the building permit was refused because the reporting authority refused consent or the condition was imposed as a result of a recommendation in a report of the reporting authority; and
(b) the refusal of consent, or the making of the recommendation, was based on a decision made by the reporting authority in relation to the guidelines made under section 188A.
(4) The Building Appeals Board may make any ancillary or incidental orders that it considers necessary to give effect to its determination on an appeal.
Division 3—Disputes
S. 150 amended by No. 46/2018 s. 75(1).