Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PLANNING AND ENVIRONMENT ACT 1987 - SECT 97E

Panel

    (1)     Subject to subsection (5), the Minister—

        (a)     must refer to a panel appointed under Part 8 any objections and submissions received in respect of an application within 2 weeks after the giving of the last notice required to be given under Division 1 in respect of the application; and

        (b)     may refer to a panel appointed under Part 8 any late objections and submissions.

    (2)     The panel must consider the objections and submissions referred to it and give any person who made an objection or submission referred to it a reasonable opportunity to be heard.

S. 97E(2A) inserted by No. 3/2013 s. 79.

    (2A)     The panel must give the applicant a reasonable opportunity to be heard.

    (3)     The panel may give any other person affected a reasonable opportunity to be heard.

    (4)     The panel must report its findings to the Minister setting out the panel's recommendations on the application.

    (5)     The Minister is not required—

        (a)     to refer submissions to a panel if no objections have been received in respect of the application; or

S. 97E(5)(b) amended by No. 81/2004 s. 38(1).

        (b)     to refer objections or submissions to a panel if no notice of the application is required to be given under section 52(1) or 57B or the planning scheme and the decision on the application is exempt from sections 64(1), (2) and (3) and 82(1); or

        (c)     to consider the report of a panel if—

              (i)     the Minister has not received the panel's report at the end of 3 months from the panel's appointment or 1 month from the date on which the panel completed its hearing, whichever is the earlier; and

              (ii)     the Minister considers that delay in considering whether to grant the permit may adversely affect the applicant.

S. 97E(6) inserted by No. 72/1998 s. 6.

    (6)     The Minister may ask the applicant for the permit or the owner of the land to which the application relates to contribute an amount specified by the Minister to the costs of the panel.

S. 97F inserted by No. 128/1993 s. 22.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback