Victorian Current Acts

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Amendment to application at request of applicant before notice

    (1)     An applicant may ask the responsible authority to amend an application before notice of the application is first given under section 52.

    (2)     An amendment to an application may include—

        (a)     an amendment to the use or development mentioned in the application; and

        (b)     an amendment to the description of land to which the application applies; and

        (c)     an amendment to any plans and other documents forming part of or accompanying the application.

    (3)     A request under this section must—

        (a)     be accompanied by the prescribed fee (if any); and

        (b)     be accompanied by any information or document referred to in section 47(1)(c) to 47(1)(e) that relates to the proposed amendment to the application and that was not provided with the original application; and

        (c)     if the applicant is not the owner of the land to which the application applies, be signed by the owner or include a declaration by the applicant, that the applicant has notified the owner about the request.

    (4)     Subject to subsection (5), the responsible authority must amend the application in accordance with the request.

    (5)     The responsible authority may refuse to amend the application if it considers that the amendment is so substantial that a new application for a permit should be made.

    (6)     The responsible authority must make a note in the register if any amendment is made to an application under this section.

    (7)     On the amendment of an application under this section, the amended application is to be taken—

        (a)     to be the application for the purposes of this Act; and

        (b)     to have been received on the day that the request for amendment was received by the responsible authority.

S. 50A inserted by No. 81/2004 s. 18.

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