Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987 - SECT 197H

Exception to compliance with certain inspection requirements when an emergency declaration is in force

    (1)     A person or body is not required to make a document available in person under section 4H(2), 41(2), 46E(4), 46V(4) or 46ZF(4) in accordance with the requirements set out in section 197B if, at the time a request to inspect the document is made—

        (a)     there is an emergency declaration in force; and

        (b)     it is not reasonably practicable for the person or body to do so because of a fact or circumstance arising out of the emergency or serious risk to public health in respect of which the declaration has been made.

    (2)     A person or body is not required to make a document or register available on request in accordance with the requirements set out in section 197D if, at the time a request to inspect a document or register is made—

        (a)     there is an emergency declaration in force; and

        (b)     it is not reasonably practicable for the person or body to do so because of a fact or circumstance arising out of the emergency or serious risk to public health in respect of which the declaration has been made.

    (3)     In this section—

S. 197H(3) def. of emergency declaration amended by No. 53/2021 s. 32.

"emergency declaration" means—

        (a)     a declaration of a state of disaster under section 23 of the Emergency Management Act 1986 ; or

        (ab)     a pandemic declaration under section 165AB of the Public Health and Wellbeing Act 2008 ; or

        (b)     a declaration of a state of emergency under section 198 of the Public Health and Wellbeing Act 2008 .

Division 7—Planning certificates



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