Victorian Consolidated Regulations Victorian Consolidated RegulationsNOTICE OF APPROVAL OF AMENDMENT TO A PLANNING SCHEME TO BE PRESENTED TO PARLIAMENT
On [ insert date ] the Minister approved Amendment No. [ insert amendment number ] to the [ insert name of planning scheme ].
The amendment was prepared by [ insert name of planning authority ].
[ Insert
name of responsible authority ] will be responsible for administering the
scheme.
The changes to the scheme are: [ describe the changes made by the amendment ].
[ If the Minister did not exempt the planning authority or the Minister from any of the notice requirements of sections 17, 18 and 19 of the Act , or the regulations, insert the appropriate paragraph(s)— ]
The Minister did not exempt [ planning authority/the Minister ] from any of the requirements of section 17, 18 or 19 of the Planning and Environment Act 1987 .
The Minister did not exempt [ planning authority/the Minister ] from any of the requirements of the Planning and Environment Regulations 2015 .
[ If the Minister exempted the planning authority or the Minister from any of the notice requirements of sections 17, 18 and 19 of the Act , or the regulations, insert the appropriate paragraph(s)— ]
The Minister exempted [ planning authority/the Minister ] from the requirements of section [ insert the section(s) from which exemption was given ] of the Planning and Environment Act 1987 being the requirement [ describe the requirement(s) from which exemption was given ].
The Minister exempted [ planning authority/the Minister ] from the requirements of [ insert the regulation(s) from which exemption was given ] of the Planning and Environment Regulations 2015 being the requirement [ describe the requirement(s) from which exemption was given ].
[ If any exemption was given, insert the appropriate paragraph— ]
No notice of the amendment was given.
Notice of the amendment was given [ describe the notice given ].
[ If any exemption was given, insert the appropriate paragraph— ]
The Minister did not consult the responsible authority.
The Minister consulted the responsible authority which recommended in relation to the exemption—
[ Insert summary of the responsible authority's recommendations if any ]
[ If the Minister did not prepare the amendment under section 20A of the Act, insert the following paragraph— ]
The Minister did not prepare the amendment under section 20A of the Planning and Environment Act 1987 .
[ If the Minister prepared the amendment under section 20A of the Act, insert the following paragraph— ]
The Minister determined to prepare the amendment in accordance with section 20A of the Planning and Environment Act 1987 . Sections 17, 18 and 19 of the Planning and Environment Act 1987 do not apply in respect of the amendment.
[ Insert name and position of officer giving notice on behalf of the Minister ]
For the Minister
Date: [ insert date notice given to the Clerk of each House of the Parliament
]
Sch. 1 Form 2 substituted by S.R. No. 114/2022 reg. 9.
NOTICE OF AN APPLICATION FOR A PLANNING PERMIT
The land affected by the application is located at [ insert the location of the land ].
The application is for a permit to [ insert the use, development, or other matter applied for ].
*The applicant for the permit is [ insert the name of the applicant for the permit ].
* Omit if the notice is to be published on the responsible authority's Internet site and the applicant is an individual .
The application reference number is [ insert reference number ].
[ If the responsible authority intends to make a copy of the application and other documents available in person in accordance with the requirements set out in section 197B of the Act, include the following two paragraphs— ]
You may look at the application and any documents that support the application at the office of the responsible authority, [ insert name of responsible authority and address where the application can be inspected ].
This can be done during office hours and is free of charge.
[ If the responsible authority intends to make a copy of the application and other documents available electronically and on request in accordance with the requirements set out in sections 197C and 197D of the Act, include the following two paragraphs— ]
You may look at the application and any documents that support the application free of charge at: [ insert address of the responsible authority's Internet site ].
You may also call [ insert phone number of the responsible authority ] to arrange a time to look at the application and any documents that support the application at the office of the responsible authority, [ insert name of responsible authority ]. This can be done during office hours and is free of charge.
Any person who may be affected by the granting of the permit may object or make other submissions to the responsible authority.
An objection must be made to the responsible authority in writing, include the reasons for the objection and state how the objector would be affected.
The responsible authority must make a copy of every objection available for any person to inspect free of charge until the end of the period during which an application may be made for review of a decision on the application.
The responsible authority will not decide on the application before [ insert a date which is at least 14 days after the date on which the last notice under section 52(1) or (1AA) of the Act is to be given ].
If you object, the responsible authority will tell you its decision.
Sch. 1 Form 3 substituted by S.R. No. 114/2022 reg. 10.
NOTICE OF AN APPLICATION FOR AN AMENDMENT TO
A PLANNING PERMIT
The land affected by the application is located at [ insert the location of the land ].
The application is to amend permit number [ insert the reference number for the permit proposed to be amended ] by [ insert a brief description of the amendment applied for ].
*The applicant for the amendment to the permit is [ insert the name of the applicant for the amendment to the permit ].
* Omit if the notice is to be published on the responsible authority's Internet site and the applicant is an individual .
The application reference number is [ insert reference number ].
[ If the responsible authority intends to make a copy of the application and other documents available in person in accordance with the requirements set out in section 197B of the Act, include the following two paragraphs— ]
You may look at the application and any documents that support the application at the office of the responsible authority, [ insert name of responsible authority and address where the application can be inspected ].
This can be done during office hours and is free of charge.
[ If the responsible authority intends to make a copy of the application and other documents available electronically and on request in accordance with the requirements set out in sections 197C and 197D of the Act, include the following two paragraphs— ]
You may look at the application and any documents that support the application free of charge at: [ insert address of the responsible authority's Internet site ].
You may also call [ insert phone number of the responsible authority ] to arrange a time to look at the application and any documents that support the application at the office of the responsible authority, [ insert name of responsible authority ]. This can be done during office hours and is free of charge.
Any person who may be affected by the proposed amendment to the permit may object or make other submissions to the responsible authority.
An objection must be made to the responsible authority in writing, include the reasons for the objection and state how the objector would be affected.
The responsible authority must make a copy of every objection available for any person to inspect free of charge until the end of the period during which an application may be made for review of a decision on the application.
The responsible authority will not decide on the application before [ insert a date which is at least 14 days after the date on which the last notice under section 52(1) or (1AA) of the Act is to be given ].
If you object, the responsible authority will tell you its decision.
Sections 63, 64, 64A and 86
Permit No.:
Planning scheme:
Responsible authority:
ADDRESS OF THE LAND:
THE PERMIT ALLOWS: [ All matters that the responsible authority has decided to grant the permit for must be included in the description of what the permit allows. ]
THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:
Date issued:
Signature for the responsible authority:
[ If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit, and the name of the responsible authority that approved the amendment— ]
THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:
|
Date of amendment |
Brief description of amendment |
Name of responsible authority that approved the amendment |
| | | |
IMPORTANT INFORMATION ABOUT THIS PERMIT
WHAT HAS BEEN DECIDED?
The responsible authority has issued a permit *at the direction of the Victorian Civil and Administrative Tribunal.
*Delete if not applicable.
(Note: This is not a permit granted under Division 5 or 6 of Part 4 of the Planning and Environment Act 1987 .)
CAN THE RESPONSIBLE AUTHORITY AMEND THIS PERMIT?
[ If this permit was not issued at the direction of the Victorian Civil and Administrative Tribunal or if this permit was issued at the direction of the Tribunal but the Tribunal did not direct that the permit or part of the permit must not be amended by the responsible authority under Division 1A of Part 4 of the Act include the following paragraph— ]
The responsible authority may amend this permit under Division 1A of Part 4 of the Planning and Environment Act 1987 .
[ If the Victorian Civil and Administrative Tribunal directed that the permit must not be amended by the responsible authority under Division 1A of Part 4 of the Act insert the following paragraph— ]
The Victorian Civil and Administrative Tribunal directed that this permit must not be amended by the responsible authority under Division 1A of Part 4 of the Planning and Environment Act 1987 .
[ If the Victorian Civil and Administrative Tribunal directed that a specified part of the permit must not amended by the responsible authority under Division 1A of Part 4 of the Act insert the following paragraph— ]
The Victorian Civil and Administrative Tribunal directed that the following specified part(s) of this permit must not be amended by the responsible authority under Division 1A of Part 4 of the Planning and Environment Act 1987 :
[ List the specified part(s) of the permit that the Victorian Civil and Administrative Tribunal directed must not be amended by the responsible authority under Division 1A of Part 4 of the Act .]
WHEN DOES A PERMIT BEGIN?
A permit operates:
• from the date specified in the permit; or
• if no date is specified, from—
(i) the date of the decision of the Victorian Civil and Administrative Tribunal, if the permit was issued at the direction of the Tribunal; or
(ii) the date on which it was issued, in any other case.
WHEN DOES A PERMIT EXPIRE?
1. A permit for the development of land expires if—
• the development or any stage of it does not start within the time specified in the permit; or
• the development requires the certification of a plan of subdivision or consolidation under the Subdivision Act 1988 and the plan is not certified within two years of the issue of the permit, unless the permit contains a different provision; or
• the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit or in the case of a subdivision or consolidation within five years of the certification of the plan of subdivision or consolidation under the Subdivision Act 1988 .
2. A permit for the use of land expires if—
• the use does not start within the time specified in the permit, or if no time is specified, within two years after the issue of the permit; or
• the use is discontinued for a period of two years.
3. A permit for the development and use of land expires if—
• the development or any stage of it does not start within the time specified in the permit; or
• the development or any stage of it is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit; or
• the use does not start within the time specified in the permit, or, if no time is specified, within two years after the completion of the development; or
• the use is discontinued for a period of two years.
4. If a permit for the use of land or the development and use of land or relating to any of the circumstances mentioned in section 6A(2) of the Planning and Environment Act 1987 , or to any combination of use, development or any of those circumstances requires the certification of a plan under the Subdivision Act 1988 , unless the permit contains a different provision—
• the use or development of any stage is to be taken to have started when the plan is certified; and
• the permit expires if the plan is not certified within two years of the issue of the permit.
5. The expiry of a permit does not affect the validity of anything done under that permit before the expiry.
WHAT ABOUT REVIEWS?
• The person who applied for the permit may apply for a review of any condition in the permit unless it was granted at the direction of the Victorian Civil and Administrative Tribunal, in which case no right of review exists.
• An application for review must be lodged within 60 days after the permit was issued, unless a notice of decision to grant a permit has been issued previously, in which case the application for review must be lodged within 60 days after the giving of that notice.
• An application for review is lodged with the Victorian Civil and Administrative Tribunal.
• An application for review must be made on the relevant form which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the applicable fee.
• An application for review must state the grounds upon which it is based.
• A copy of an application for review must also be served on the responsible authority.
• Details about applications for review and the fees payable can be obtained from the Victorian Civil and Administrative Tribunal.
Sch. 1 Form 5 amended by S.R. No. 111/2020 reg. 5(1).
Sections 64(1) and 66(2)
NOTICE OF DECISION TO GRANT A PERMIT
Application No.:
Planning scheme:
Responsible authority:
THE RESPONSIBLE AUTHORITY HAS DECIDED TO GRANT A PERMIT.
THE PERMIT HAS NOT BEEN ISSUED.
ADDRESS OF THE LAND:
WHAT WILL THE PERMIT ALLOW?
[ All matters that the responsible authority has decided to grant the permit for must be included in the description of what the permit allows .]
WHAT WILL THE CONDITIONS OF THE PERMIT BE?
Date of notice:
Signature for the responsible authority:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
The responsible authority has decided to grant a permit. The permit has not been issued.
This notice sets out what the permit will allow and what conditions the permit will be subject to if issued.
WHAT ABOUT REVIEWS?
For the applicant—
• The person who applied for the permit may apply for review of any condition in the notice of decision to grant a permit. The application for review must be lodged within 60 days of the giving of this notice.
[ If an objection was received to the application include the following paragraph— ]
For an objector—
• An objector may apply for review of the decision of the responsible authority to grant a permit. The application for review must be lodged within 28 days after the date of this notice.
• If there is no application for review, a permit will be issued after 28 days after the date of this notice.
[ If a recommending referral authority objected to the grant of a permit or the responsible authority decided not to include a condition on the permit recommended by a recommending referral authority include the following paragraph— ]
For a recommending referral authority—
• A recommending referral authority may apply for review of the decision of the responsible authority—
(a) to grant a permit, if that recommending referral authority objected to the grant of the permit; or
(b) not to include a condition on the permit that the recommending referral authority recommended.
• The application for review must be lodged within 21 days of the giving of this notice.
• If there is no application for review, a permit will be issued after 21 days of the giving of this notice.
For all applications for review—
• An application for review is lodged with the Victorian Civil and Administrative Tribunal.
• An application for review must be made on the relevant form which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the applicable fee.
• An application for review must state the grounds upon which it is based.
• A copy of an application for review must be served on the responsible authority, each other party and each other person entitled to notice of the application for review under the Planning and Environment Act 1987 and the Victorian Civil and Administrative Tribunal Act 1998 within 7 days after lodging the application with the Victorian Civil and Administrative Tribunal.
• Details about applications for review and the fees payable can be obtained from the Victorian Civil and Administrative Tribunal.
•
Sch. 1 Form 6 amended by S.R. No. 111/2020 reg. 5(2).
Sections 64(1), 75 and 76A(2)
NOTICE OF DECISION TO AMEND A PERMIT
Application No.:
Planning scheme:
Responsible authority:
THE RESPONSIBLE AUTHORITY HAS DECIDED TO AMEND A PERMIT.
THE AMENDED PERMIT HAS NOT BEEN ISSUED.
ADDRESS OF THE LAND:
PERMIT FOR WHICH AMENDMENT WAS SOUGHT:
WHAT AMENDMENT IS BEING MADE TO THE PERMIT?
[ All amendments that the responsible authority has decided to make to the permit must be included in the description of what amendment is being made to the permit .]
* TO WHAT CONDITIONS IS THE AMENDMENT SUBJECT?
* Delete if not applicable
Date of notice:
Signature for the responsible authority:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
The responsible authority has decided to amend a permit. The amended permit has not been issued.
This notice sets out the changes to be made to the existing permit.
WHAT ABOUT REVIEWS?
For the applicant—
• The person who applied for the amendment to the permit may apply for review of any amendment to what the permit will allow, and any new or amended condition to which the permit will be subject, and any provision of the permit which the applicant asked to be amended but which has not been amended. The application for review must be lodged within 60 days of the giving of this notice.
[ If an objection was received to the application include the following paragraph— ]
For an objector—
• An objector may apply for review of the decision of the responsible authority to amend a permit. The application for review must be lodged within 28 days after the date of this notice.
• If there is no application for review, a permit will be issued after 28 days after the date of this notice.
[ If a recommending referral authority objected to the grant of an amended permit or the responsible authority decided not to include a condition on the amended permit recommended by a recommending referral authority, include the following paragraph— ]
For a recommending referral authority—
• A recommending referral authority may apply for review of the decision of the responsible authority—
(a) to grant the amended permit, if that recommending referral authority objected to the grant of the amended permit; or
(b) not to include a condition on the amended permit that the recommending referral authority recommended.
• The application for review must be lodged within 21 days of the giving of this notice.
• If there is no application for review, a permit will be issued after 21 days of the giving of this notice.
For all applications for review—
• An application for review is lodged with the Victorian Civil and Administrative Tribunal.
• An application for review must be made on the relevant form, which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the applicable fee.
• An application for review must state the grounds upon which it is based.
• A copy of an application for review must be served on the responsible authority, each other party and each other person entitled to notice of the application for review under the Planning and Environment Act 1987 and the Victorian Civil and Administrative Tribunal Act 1998 within 7 days after lodging the application with the Victorian Civil and Administrative Tribunal.
• Details about applications for review and the fees payable can be obtained from the Victorian Civil and Administrative Tribunal.
Sections 65(1) and 66(4)
NOTICE OF DECISION TO REFUSE TO GRANT A PERMIT
Application No.:
Planning scheme:
Responsible authority:
ADDRESS OF THE LAND:
WHAT HAS BEEN REFUSED?
GROUNDS OF REFUSAL: [ Set out the specific grounds on which the application has been refused and state which of those grounds are from a determining referral authority .]
Date of notice:
Signature for the responsible authority:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
• The responsible authority has decided to refuse to grant a permit.
(Note: This is not a refusal under Division 5 of Part 4 of the Planning and Environment Act 1987 .)
• This notice sets out the grounds on which the application has been refused.
• The grounds on which the application has been refused are those of the responsible authority unless otherwise stated.
WHAT ABOUT REVIEWS?
For the applicant—
• The person who applied for the permit may apply for a review of the refusal.
• The application for review must be lodged within 60 days of the giving of this notice.
• An application for review is lodged with the Victorian Civil and Administrative Tribunal.
• An application for review must be made on the relevant form which can be obtained from the Victorian Civil and Administrative Tribunal and be accompanied by the applicable fee.
• An application for review must state the grounds upon which it is based.
• A copy of an application for review must be served on the responsible authority, each other party and each other person entitled to notice of the application for review under the Planning and Environment Act 1987 and the Victorian Civil and Administrative Tribunal Act 1998 within 7 days after lodging the application with the Victorian Civil and Administrative Tribunal.
• Details about applications for review and the fees payable can be obtained from the Victorian Civil and Administrative Tribunal.
[ If a recommending referral authority objected to the grant of a permit include the following paragraph— ]
For a recommending referral authority—
• If the applicant applies for a review of this decision, the applicant must give notice to any recommending referral authority that objected to the grant of the permit after an application for review is lodged.
[ If an objection was received to the application include the following paragraph— ]
For an objector—
• If the applicant applies for a review of this decision, the applicant must give notice to objectors in accordance with the requirements of the Planning and Environment Act 1987 and the Victorian Civil and Administrative Tribunal Act 1998 .
Sections 76(1) and 76A(4)
NOTICE OF DECISION TO REFUSE TO GRANT AN AMENDMENT TO A PERMIT
Application No.:
Planning scheme:
Responsible authority:
ADDRESS OF THE LAND:
PERMIT FOR WHICH AMENDMENT WAS SOUGHT:
WHAT HAS BEEN REFUSED?
GROUNDS OF REFUSAL: [ Set out the specific grounds on which the application has been refused and state which of those grounds are from a determining referral authority .]
Date of notice:
Signature for the responsible authority:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
• The responsible authority has decided to refuse to amend a permit.
• This notice sets out the grounds on which the application has been refused.
• The grounds on which the application has been refused are those of the responsible authority unless otherwise stated.
WHAT ABOUT REVIEWS?
For the applicant—
• The person who applied for the amendment of the permit may apply for a review of the refusal.
• The application for review must be lodged within 60 days of the giving of this notice.
• An application for review is lodged with the Victorian Civil and Administrative Tribunal.
• An application for review must be made on the relevant form which can be obtained from the Victorian Civil and Administrative Tribunal and be accompanied by the applicable fee.
• An application for review must state the grounds upon which it is based.
• A copy of an application for review must be served on the responsible authority, each other party and each other person entitled to notice of the application for review under the Planning and Environment Act 1987 and the Victorian Civil and Administrative Tribunal Act 1998 within 7 days after lodging the application with the Victorian Civil and Administrative Tribunal.
• Details about applications for review and the fees payable can be obtained from the Victorian Civil and Administrative Tribunal.
[ If a recommending referral authority objected to the granting of an amendment to the permit include the following paragraph— ]
For a recommending referral authority—
• If the applicant applies for a review of this decision, the applicant must give notice to any recommending referral authority that objected to the grant of the amendment to the permit after an application for review is lodged.
[ If an objection was received to the application include the following paragraph— ]
For an objector—
• If the applicant applies for a review of this decision, the applicant must give notice to objectors in accordance with the requirements of the Planning and Environment Act 1987 and the Victorian Civil and Administrative Tribunal Act 1998 .
Section 96J
PLANNING PERMIT GRANTED UNDER SECTION 96I OF THE PLANNING AND ENVIRONMENT ACT 1987
Permit No.:
Planning scheme:
Responsible authority:
ADDRESS OF THE LAND:
THE PERMIT ALLOWS: [ All matters that the Minister has decided to grant the permit for must be included in the description of what the permit allows .]
THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:
Date issued:
Date permit comes into operation:
(or if no date is specified, the permit comes into operation on the same day as the amendment to which the permit applies comes into operation)
Signature for the responsible authority:
[ If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit, and the name of the responsible authority that approved the amendment— ]
THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:
|
Date of amendment |
Brief description of amendment |
Name of responsible authority that approved the amendment |
| | | |
IMPORTANT INFORMATION ABOUT THIS PERMIT
WHAT HAS BEEN DECIDED?
The responsible authority has issued a permit. The permit was granted by the Minister under section 96I of the Planning and Environment Act 1987 on approval of Amendment No. [ insert amendment number ] to the [ insert name of planning scheme ].
WHEN DOES THE PERMIT BEGIN?
The permit operates from a day specified in the permit being a day on or after the day on which the amendment to which the permit applies comes into operation.
WHEN DOES A PERMIT EXPIRE?
1. A permit for the development of land expires if—
• the development or any stage of it does not start within the time specified in the permit; or
• the development requires the certification of a plan of subdivision or consolidation under the Subdivision Act 1988 and the plan is not certified within two years of the issue of the permit, unless the permit contains a different provision; or
• the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit or in the case of a subdivision or consolidation within five years of the certification of the plan of subdivision or consolidation under the Subdivision Act 1988 .
2. A permit for the use of land expires if—
• the use does not start within the time specified in the permit, or if no time is specified, within two years after the issue of the permit; or
• the use is discontinued for a period of two years.
3. A permit for the development and use of land expires if—
• the development or any stage of it does not start within the time specified in the permit; or
• the development or any stage of it is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit; or
• the use does not start within the time specified in the permit, or, if no time is specified, within two years after the completion of the development; or
• the use is discontinued for a period of two years.
4. If a permit for the use of land or the development and use of land or relating to any of the circumstances mentioned in section 6A(2) of the Planning and Environment Act 1987 , or to any combination of use, development or any of those circumstances requires the certification of a plan under the Subdivision Act 1988 , unless the permit contains a different provision—
• the use or development of any stage is to be taken to have started when the plan is certified; and
• the permit expires if the plan is not certified within two years of the issue of the permit.
5. The expiry of a permit does not affect the validity of anything done under that permit before the expiry.
WHAT ABOUT REVIEWS?
• In accordance with section 96M of the Planning and Environment Act 1987 , the applicant may not apply to the Victorian Civil and Administrative Tribunal for a review of any condition in this permit.
Section 96K
NOTICE OF DECISION TO REFUSE TO GRANT A PERMIT UNDER SECTION 96I OF THE PLANNING AND ENVIRONMENT ACT 1987
Application No.:
Planning scheme:
Responsible authority:
ADDRESS OF THE LAND:
WHAT HAS BEEN REFUSED?
GROUNDS OF REFUSAL: [ Set out the specific grounds on which the permit has been refused .]
Date of notice:
Signature for the responsible authority:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
• The Minister has refused to grant the permit.
• The grounds on which the permit has been refused are set out in this notice.
• The grounds are those of the Minister.
WHAT ABOUT REVIEWS?
In accordance with section 96M of the Planning and Environment Act 1987 , the applicant may not apply to the Victorian Civil and Administrative Tribunal for a review of this decision.
Section 97F
PLANNING PERMIT GRANTED BY THE MINISTER UNDER SECTION 97F OF THE PLANNING AND ENVIRONMENT ACT 1987
Permit No.:
Planning scheme:
ADDRESS OF THE LAND:
THE PERMIT ALLOWS: [ All matters that the Minister has decided to grant the permit for must be included in the description of what the permit allows .]
THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:
Date issued:
Signature for the Minister:
[ If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit— ]
THIS PERMIT HAS BEEN AMENDED AS FOLLOWS:
|
Date of amendment |
Brief description of amendment |
| | |
IMPORTANT INFORMATION ABOUT THIS PERMIT
WHAT HAS BEEN DECIDED?
The Minister has granted and issued a permit under Division 6 of Part 4 of the Planning and Environment Act 1987 .
WHEN DOES A PERMIT BEGIN?
A permit operates—
• from the date specified in the permit; or
• if no date is specified, from the date on which it was issued.
WHEN DOES A PERMIT EXPIRE?
1. A permit for the development of land expires if—
• the development or any stage of it does not start within the time specified in the permit; or
• the development requires the certification of a plan of subdivision or consolidation under the Subdivision Act 1988 and the plan is not certified within two years of the issue of the permit, unless the permit contains a different provision; or
• the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit or in the case of a subdivision or consolidation within five years of the certification of the plan of subdivision or consolidation under the Subdivision Act 1988 .
2. A permit for the use of land expires if—
• the use does not start within the time specified in the permit, or if no time is specified, within two years after the issue of the permit; or
• the use is discontinued for a period of two years.
3. A permit for the development and use of land expires if—
• the development or any stage of it does not start within the time specified in the permit; or
• the development or any stage of it is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit; or
• the use does not start within the time specified in the permit, or, if no time is specified, within two years after the completion of the development; or
• the use is discontinued for a period of two years.
4. If a permit for the use of land or the development and use of land or relating to any of the circumstances mentioned in section 6A(2) of the Planning and Environment Act 1987 , or to any combination of use, development or any of those circumstances requires the certification of a plan under the Subdivision Act 1988 , unless the permit contains a different provision—
• the use or development of any stage is to be taken to have started when the plan is certified; and
• the permit expires if the plan is not certified within two years of the issue of the permit.
5. The expiry of a permit does not affect the validity of anything done under that permit before the expiry.
6. In accordance with section 97H of the Planning and Environment Act 1987 , the responsible authority specified in the planning scheme is the responsible authority for the administration and enforcement of the Planning and Environment Act 1987 and the relevant planning scheme in respect of this permit (whether or not the permit is amended) except that the Minister remains the responsible authority in respect of—
• any matters which the permit specifies to be done by, approved by or done to the satisfaction of the Minister; and
• any extension of time under section 69 in relation to the permit; and
• the correction of the permit under section 71(1); and
• the amendment of the permit under section 97J.
WHAT ABOUT REVIEWS?
In accordance with section 97M of the Planning and Environment Act 1987 , the applicant may not apply to the Victorian Civil and Administrative Tribunal for a review of any condition in this permit.
Section 97G
NOTICE OF REFUSAL BY THE MINISTER TO GRANT A PERMIT UNDER SECTION 97F OF THE PLANNING AND ENVIRONMENT ACT 1987
Application No.:
Planning scheme:
ADDRESS OF THE LAND:
WHAT HAS BEEN REFUSED?
GROUNDS OF REFUSAL: [ Set out the specific grounds on which the application has been refused and state which of those grounds are from a determining referral authorit y . ]
Date of notice:
Signature for the Minister:
IMPORTANT INFORMATION ABOUT THIS NOTICE
WHAT HAS BEEN DECIDED?
• The Minister has decided to refuse to grant a permit.
• This notice sets out the grounds on which the application has been refused.
• The grounds on which the application has been refused are those of the Minister unless otherwise stated.
WHAT ABOUT REVIEWS?
In accordance with section 97M of the Planning and Environment Act 1987 , the applicant may not apply to the Victorian Civil and Administrative Tribunal for a review of this decision.
Section 97K
NOTICE OF REFUSAL BY THE MINISTER TO AMEND A PERMIT UNDER SECTION 97J OF THE PLANNING AND ENVIRONMENT ACT 1987
Application No.:
Planning scheme:
ADDRESS OF THE LAND:
PERMIT FOR WHICH AMENDMENT WAS SOUGHT:
WHAT HAS BEEN REFUSED?
GROUNDS OF REFUSAL: [ Set out the grounds on which the application has been refused and state which of those grounds are from a determining referral authority .]
Date of notice:
Signature for the Minister:
IMPORTANT INFORMATION ABOUT THIS NOTICE:
WHAT HAS BEEN DECIDED?
• The Minister has decided to refuse to amend a permit.
• This notice sets out the grounds on which the application has been refused.
• The grounds on which the application has been refused are those of the Minister unless otherwise stated.
WHAT ABOUT REVIEWS?
In accordance with section 97M of the Planning and Environment Act 1987 , the applicant may not apply to the Victorian Civil and Administrative Tribunal for a review of this decision.
Section 97O(2)
CERTIFICATE OF COMPLIANCE—EXISTING USE OR DEVELOPMENT
Certificate No.:
Planning scheme:
Responsible authority:
ADDRESS OF THE LAND:
THE CERTIFICATE REFERS TO: [ State the use and development carried out and existing on the land. This may include reference to any plans or documents forming part of the application and endorsed by the responsible authority. ]
This certificate is issued in accordance with section 97N(1)(a) of the Planning and Environment Act 1987 . The use or development existing on the land and referred to in this certificate complies with the requirements of the planning scheme at the date of this certificate.
Date issued:
Signature for the responsible authority:
IMPORTANT INFORMATION ABOUT THIS CERTIFICATE
WHAT IS THIS CERTIFICATE?
The responsible authority has issued this certificate with respect to the use and development existing on the subject land and referred to in the certificate.
EFFECT OF CERTIFICATE
A certificate is a statement about the effect of the planning scheme on the use or development on the land on the day it was issued.
Section 97O(2)
CERTIFICATE OF COMPLIANCE—PROPOSED USE OR DEVELOPMENT
Certificate No.:
Planning scheme:
Responsible authority:
ADDRESS OF THE LAND:
THE CERTIFICATE REFERS TO: [ State the use and development proposed. This may include reference to any plans or documents forming part of the application and endorsed by the responsible authority. ]
This certificate is issued in accordance with section 97N(1)(b) of the Planning and Environment Act 1987 . The use or development of the land proposed to be commenced or carried out and referred to in this certificate complies with the requirements of the planning scheme at the date of this certificate.
[ Include the following paragraph only if required— ]
The following parts of the use or development referred to in the application for this certificate are prohibited by the planning scheme or prohibited by the scheme unless a permit is granted by the responsible authority:
Date issued:
Signature for the responsible authority:
IMPORTANT INFORMATION ABOUT THIS CERTIFICATE
WHAT IS THIS CERTIFICATE?
The responsible authority has issued this certificate with respect to an application. It also sets out any aspects of the use or development referred to in the application which do not comply with the planning scheme.
EFFECT OF A CERTIFICATE
A certificate is a statement about the effect of the planning scheme on a proposed use or development, on the day it was issued.
Section 110(2)
STATEMENT OF COMPENSATION PAID
Planning and Environment Act 1987
Lodged by:
Name:
Phone:
Address:
Ref: Customer code:
The applicant having paid compensation to the owners or occupiers requests that a recording of this statement be made in the Register for the land.
Land: [ insert Volume and Folio reference ] [ if part only, define the part ]
Applicant: [ name and address ]
Owners or occupiers: [ name and address ]
Details of compensation:
Amount paid:
Reason for compensation:
Section and Act under which compensation paid:
Signature for applicant:
Name of officer:
Date:
Section 110(4)
CANCELLATION OF STATEMENT OF COMPENSATION PAID
Planning and Environment Act 1987
Lodged by:
Name:
Phone:
Address:
Ref: Customer code:
The applicant requests cancellation of the recording of the statement of compensation paid made in the Register for the land.
Land: [ insert Volume and Folio reference ] [ if part only, define the part ]
Applicant: [ name and address ]
Application number: [ insert the number given to the dealing when the notification of the statement was made to the Office of Titles ]
Signature for applicant:
Name of officer:
Date:
Section 178C
NOTICE OF PROPOSAL TO *AMEND / *END AN AGREEMENT
*Delete if not applicable
Responsible authority:
DESCRIPTION OF THE LAND AFFECTED BY THE AGREEMENT:
DESCRIPTION OF THE PROPOSAL:
WHO INITIATED THE PROPOSAL?
[ If the applicant applied to the responsible authority for agreement to the proposal under section 178A(1) of the Act, include the following paragraphs— ]
The proposal was initiated by [ insert the name of the applicant ], who applied to the responsible authority for agreement to the proposal under section 178A of the Planning and Environment Act 1987 .
In accordance with section 178A(3) of the Planning and Environment Act 1987 , the responsible authority has notified the applicant that it agrees in principle to the proposal.
[ If the proposal was initiated by the responsible authority in accordance with section 178A(5) of the Act, include the following paragraph— ]
The proposal was initiated by the responsible authority under section 178A(5) of the Planning and Environment Act 1987 .
[ If the proposal was initiated by the responsible authority under section 178E(3)(c) of the Act to amend or end the agreement in a manner that is substantively different from a proposal for which notice was previously given under section 178C of the Act, include the following paragraph— ]
The proposal was initiated by the responsible authority under section 178E(3)(c) of the Planning and Environment Act 1987 to amend or end the agreement in a manner that is substantively different from a proposal for which notice was previously given under section 178C of the Planning and Environment Act 1987 .
You may look at the proposal and any documents that support the proposal at the office of the responsible authority, [ insert address where the application can be inspected ].
This can be done during office hours and is free of charge.
Any person who is given notice of the proposal, or who ought to have been given notice of the proposal under section 178C of the Planning and Environment Act 1987 , may object to, or make any other submission in relation to, the proposal.
The responsible authority will not make a decision on the proposal under section 178E of the Planning and Environment Act 1987 before [ insert a date which is at least 14 days after the date the last notice under section 178C of the Act is to be given ].
If the responsible authority decides to amend or end the agreement, or refuses to amend or end the agreement, the responsible authority will give notice of its decision to any person who made an objection.
In most cases, the responsible authority will give notice of its decision to any person who made a submission.
If the responsible authority proposes to amend or end the agreement in a manner that is substantively different from the proposal, the responsible authority will give notice of the new proposal to all parties to the agreement and any other persons to whom the responsible authority considers the decision to amend or end the agreement may cause material detriment.
Section 178F(1)
NOTICE OF DECISION TO *AMEND / *END AN AGREEMENT
*Delete if not applicable
Responsible authority:
WHAT HAS BEEN DECIDED?
The responsible authority has decided to [ insert a description of what the responsible authority has decided in accordance with section 178E(3)(a) or (b) of the Act ].
The responsible authority will not proceed to amend or end the agreement in accordance with the decision—
• until at least 21 days after the giving of this notice; or
• if an application for review is made in respect of the decision within that period, until the application for review is determined by the Victorian Civil and Administrative Tribunal or is withdrawn.
Date of notice:
Signature for the responsible authority:
WHAT ABOUT REVIEWS?
[ If the responsible authority gave notice under section 178A(3) of the Act and made its decision in accordance with section 178E(3)(b) of the Act, include the following paragraphs— ]
For the applicant—
• The person who applied to the responsible authority for agreement to the proposal to amend or end the agreement may apply for review of the decision to amend or end the agreement in a manner different to that proposal. The application for review must be lodged within 21 days of the giving of this notice.
For an objector—
• An objector may apply for review of the decision of the responsible authority to amend or end the agreement. The application for review must be lodged within 21 days of the giving of this notice.
For a party to the agreement—
• A party to the agreement may apply for a review of a decision of the decision by the responsible authority to amend or end the agreement. The application for review must be lodged within 21 days of the giving of this notice.
For all applications for review—
• An application for review is lodged with the Victorian Civil and Administrative Tribunal.
• An application for review must be made on the relevant form which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the applicable fee.
• An application for review must state the grounds upon which it is based.
• An application for review must also be served on the responsible authority.
• Notice of the application for review must be given to any person who objected to the proposal to amend or end the agreement.
• Details about applications for review and the fees payable can be obtained from the Victorian Civil and Administrative Tribunal.
Section 178F(2)
NOTICE OF DECISION TO REFUSE TO *AMEND / *END AN AGREEMENT
*Delete if not applicable
Responsible authority:
WHAT HAS BEEN DECIDED?
The responsible authority has decided to [ insert a description of what the responsible authority has decided in accordance with section 178E(2)(c) or (3)(d) of the Act].
GROUNDS OF REFUSAL: [ Set out the grounds on which the responsible authority has refused to amend or end the agreement .]
Date of notice:
Signature for the responsible authority:
[ If the responsible authority gave notice under section 178A(3) of the Act, include the following paragraphs— ]
WHAT ABOUT REVIEWS?
• The person who applied to the responsible authority for agreement to the proposal to amend or end the agreement may apply for review of the decision to refuse to amend or end the agreement. The application for review must be lodged within 60 days of the giving of this notice.
• An application for review is lodged with the Victorian Civil and Administrative Tribunal.
• An application for review must be made on the relevant form which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the applicable fee.
• An application for review must state the grounds upon which it is based.
• An application for review must also be served on the responsible authority.
• Notice of the application for review must be given to any person who objected to the proposal to amend or end the agreement.
• Details about applications for review and the fees payable can be obtained from the Victorian Civil and Administrative Tribunal.
Section 181
APPLICATION BY A RESPONSIBLE AUTHORITY FOR THE RECORDING OF AN AGREEMENT
Planning and Environment Act 1987
Lodged by:
Name:
Phone:
Address:
Ref: Customer code:
The responsible authority, having made an agreement referred to in section 181(1) of the Planning and Environment Act 1987 , requires a recording to be made in the Register for the land.
Land: [ insert Volume and Folio reference ] [ if part only, define the part ]
Responsible authority: [ name and address ]
Section and Act under which agreement made:
A copy of the agreement is attached to this application.
Signature for the responsible authority:
Name of officer:
Date:
Section 183(1)
NOTIFICATION BY A RESPONSIBLE AUTHORITY OF THE ENDING OF AN AGREEMENT
Planning and Environment Act 1987
Lodged by:
Name:
Phone:
Address:
Ref: Customer code:
The responsible authority notifies that the agreement has ended and requires cancellation of the recording in the Register for the land.
Land: [ insert Volume and Folio reference ] [ if part only, define the part ]
Responsible authority: [ name and address ]
Agreement application number: [ insert Office of Titles reference ]
Signature for the responsible authority:
Name of officer:
Date:
Section 183(1)
NOTIFICATION BY A RESPONSIBLE AUTHORITY OF AMENDMENT TO AN AGREEMENT
Planning and Environment Act 1987
Lodged by:
Name:
Phone:
Address:
Ref: Customer code:
The responsible authority notifies that the agreement has been amended and requires that the recording in the Register be altered accordingly.
Land: [ insert Volume and Folio reference ] [ if part only, define the part ]
Responsible authority: [ name and address ]
Agreement application number: [ insert Office of Titles reference ]
The agreement has been amended in accordance with the terms of the deed of amendment to an agreement, or a provision in a statement of compliance relative to a plan of subdivision, or pursuant to an order of the Victorian Civil and Administrative Tribunal, a copy of which is attached together with a copy of the amended agreement.
Signature for the responsible authority:
Name of officer:
Date:
Section 183(1)
NOTIFICATION BY A RESPONSIBLE AUTHORITY OF THE REMOVAL OF LAND FROM AN AGREEMENT
Planning and Environment Act 1987
Lodged by:
Name:
Phone:
Address:
Ref: Customer code:
The responsible authority notifies that the *agreement has been amended so as to remove the land from its effect / *agreement has ended in respect of the land and requires cancellation of the recording in the Register for the land.
Land: [ insert Volume and Folio reference ] [ if part only, define the part ]
Responsible authority: [ name and address ]
Agreement application number: [ insert Office of Titles reference ]
*The agreement has been amended in accordance with the terms of the deed of amendment to an agreement, or a provision in a statement of compliance relative to a plan of subdivision or pursuant to an order of the Victorian Civil and Administrative Tribunal, a copy of which is attached together with a copy of the amended agreement.
* Delete if not applicable
Signature for the responsible authority:
Name of officer:
Date:
Section 201(2)
APPLICATION FOR DECLARATION OF UNDERLYING ZONING
Planning and Environment Act 1987
Applicant's name and address:
Certificate No. [ insert the number of the planning certificate for the land for which the application is being made ] states that the land to which the certificate applies is wholly or partly reserved for public purposes under the planning scheme and does not indicate the provisions of the scheme which would have applied to the land if the land had not been reserved.
Please provide a declaration setting out the provisions of the scheme which would have applied to the land if it had not been reserved.
*Please provide a declaration setting out the provisions of the scheme as in force at [ insert a date ].
* Delete if not applicable
Applicant's signature:
Date: