VICIn ForceAct
Planning and Environment Act 1987
170Immunity for panel members
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170 Immunity for panel members
(1) A member of a panel is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the performance of a duty under this Act or the regulations; or
(b) in the reasonable belief that the action or omission was in the exercise of the power or the performance of the duty under this Act or the regulations.
(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of a panel, attaches instead to the State.
Part 9—Administration
Division 1—General powers
171 Powers of responsible authority
(1) A responsible authority has all the powers necessary for the purpose of—
(a) carrying out its functions and duties under this Act; and
(b) carrying into effect the objectives of a planning scheme for which it is the responsible authority.
(2) The powers under subsection (1) include the power to—
(a) enter into agreements; and
(b) purchase, hold, lease and dispose of land by public auction, private treaty or otherwise on terms and conditions satisfactory to the authority; and
(c) exchange land for other land and make any financial adjustment required as a result; and
(d) consolidate, subdivide, re-subdivide and develop land for any purpose consistent with the planning scheme for which it is the responsible authority; and
(e) in the case of a responsible authority other than a municipal council, enter into arrangements with other persons with respect to the development of land within the area of the planning scheme for which it is the responsible authority; and
(f) carry out studies and commission reports; and
(g) grant and reserve easements; and
(h) conserve, restore and enhance areas, buildings and objects of community significance; and
(i) carry out any other use or development necessary for the orderly and proper development of the area covered by the planning scheme for which it is the responsible authority.
S. 171(2A) inserted by No. 11/2017 s. 61.
(2A) Despite subsection (2), the Victorian Planning Authority does not have power to purchase, hold or dispose of land.
S. 171(3) amended by Nos 62/1991 s. 38, 9/2020 s. 390(Sch. 1 item 77.8).
(3) Nothing in subsection (2)(e) affects any power of a municipal council under the **Local Government Act 1989** or the **Local Government Act 2020** (as the case requires) to enter into any arrangement with respect to the development of land.