Victorian Current Acts

PLANNING AND ENVIRONMENT ACT 1987 - SECT 188A

    (1)     The Victorian Planning Authority may by instrument delegate any of its powers, discretions or functions under this Act to—

        (a)     the chief executive officer of the Authority; or

        (b)     an employee of the Authority; or

        (c)     a seconded staff member within the meaning of the Victorian Planning Authority Act 2017 .

    (2)     Subsection (1) does not apply—

        (a)     if the Authority is a planning authority, to the powers of a planning authority under sections 28, 29 and 191; and

        (b)     if the Authority is a responsible authority—

              (i)     to the powers of a responsible authority under sections 125, 171(2)(b), (c), (d) and (e), 172 and  191; and

              (ii)     to the power of a responsible authority to authorise any officer to carry out a duty or function or to exercise a power.

    (3)     The chief executive officer of the Authority, subject to any conditions or limitations to which the delegation is subject, may sub‑delegate a power, discretion or function delegated to the chief executive officer under subsection (1) to a person specified in subsection (4) if the instrument of delegation authorises its sub-delegation.

    (4)     For the purposes of subsection (3), the following persons are specified—

        (a)     an employee of the Authority;

        (b)     a seconded staff member within the meaning of the Victorian Planning Authority Act 2017 .

    (5)     Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub‑delegation authorised by this section in the same way as they apply to a delegation.