Victorian Current Acts Victorian Current ActsS. 87(1) amended by Nos 86/1989 s. 16(1), 52/1998 s. 191(11).
(1) The Tribunal may cancel or amend any permit if it considers that there has been—
(a) a material mis-statement or concealment of fact in relation to the application for the permit; or
(b) any substantial failure to comply with the conditions of the permit; or
(c) any material mistake in relation to the grant of the permit; or
(d) any material change of circumstances which has occurred since the grant of the permit; or
S. 87(1)(e) amended by No. 81/2004 s. 32(1).
(e) any failure to give notice in accordance with this Act; or
(f) any failure to comply with section 55, 61(2) or 62(1).
S. 87(2) amended by No. 86/1989 s. 16(1), substituted by No. 126/1993 s. 264(Sch. 5 item 17.2), amended by No. 52/1998 s. 191(11).
(2) The Tribunal may amend any permit to comply with the building regulations made under the Building Act 1993 if a building permit cannot be obtained under that Act for the development for which the permit under this Act was issued because the development does not comply with those regulations.
S. 87(3) amended by No. 52/1998 s. 191(11).
(3) The Tribunal may cancel or amend a permit at the request of—
(a) the responsible authority; or
(b) any person under section 89; or
(c) a referral authority; or
S. 87(3)(d) amended by No. 81/2004 s. 32(2).
(d) the owner or occupier of the land concerned; or
S. 87(3)(e) inserted by No. 81/2004 s. 32(2).
(e) any person who is entitled to use or develop the land concerned.
S. 87(4) amended by No. 86/1989 s. 16(2), substituted by No. 81/2004 s. 32(3).
(4) Nothing in this Division affects the power of a responsible authority to amend a permit under Division 1A.
S. 87(5) inserted by No. 86/1989 s. 16(3), amended by No. 52/1998 s. 191(11).
(5) The Tribunal cannot cancel or amend a permit granted by the Governor in Council under section 95.
S. 87(6) inserted by No. 86/1989 s. 16(3), amended by No. 52/1998 s. 191(11), substituted by Nos 52/1998 s. 191(12), 47/2007 s. 11.
(6) Without limiting the powers of the Tribunal, the Tribunal may, under this section, cancel or amend a permit that has been issued at its direction.
S. 87(7) inserted by No. 86/1989 s. 16(3), amended by No. 52/1998 s. 191(11), substituted by No. 52/1998 s. 191(12).
(7) The Tribunal must not cancel or amend a permit on a ground mentioned in subsection (1)(a), (c) or (f) unless there has been no application under Division 2 on that ground for review of the decision to grant the permit or of a condition of the permit.
S. 87A inserted by No. 47/2007 s. 12.