82Applications for review where objectors

82 Applications for review where objectors S. 82(1) amended by No. 52/1998 s. 191(4)(b). (1) An objector may apply to the Tribunal for review of a decision of the responsible authority to grant a permit. S. 82(2) substituted by No. 128/1993 s. 19, amended by No. 52/1998 s. 191(4)(c). (2) A planning scheme may set out classes of applications for permits the decisions on which are exempted from subsection (1). S. 82(3) inserted by No. 128/1993 s. 19, substituted by No. 52/1998 s. 191(5). (3) If a planning scheme exempts a decision of an application for a permit from subsection (1), an application for review cannot be made under that subsection in respect of that decision. S. 82AAA inserted by No. 3/2013 s. 32. 82AAA Request for review by recommending referral authority A recommending referral authority may apply to the Tribunal for review of a decision of the responsible authority— (a) to grant a permit, if the 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. S. 82A inserted by No. 97/1987 s. 176(2), amended by Nos 86/1989 s. 29(9), 52/1998 s. 191(4)(b), repealed by No. 47/2007 s. 10. S. 82AA (Heading) inserted by No. 3/2013 s. 68(7), amended by No. 26/2018 s. 96(2). S. 82AA inserted by No. 8/1995 s. 45, amended by Nos 52/1998 s. 191(4)(d), 26/2018 s. 96(3). 82AA Applications for review—marine and coastal Crown land Despite anything to the contrary in section 77 or 79, an applicant for a permit for the use or development of marine and coastal Crown land within the meaning of the **Marine and Coastal Act 2018**, has no right to apply to the Tribunal for review of— (a) a decision by a responsible authority to refuse to grant the permit, if the Minister administering that Act has refused or is deemed to have refused to consent to that use or development under that Act; or (b) the failure of the responsible authority to grant the permit within the prescribed time, if the Minister administering that Act has not consented to that use or development under that Act. S. 82B inserted by No. 128/1993 s. 20. 82B Affected person may seek leave to apply for review S. 82B(1) amended by No. 52/1998 s. 191(4)(e)(i). (1) Any person who is affected may apply to the Tribunal for leave to apply for review of a decision of the responsible authority to grant the permit in any case in which a written objection to the grant of the permit was received by the responsible authority. S. 82B(2) amended by No. 52/1998 s. 191(4)(e)(ii). (2) Subject to subsection (3), the Tribunal must give the applicant for the permit, the responsible authority and the affected person an opportunity to be heard before making a decision. S. 82B(3) substituted by No. 52/1998 s. 191(6). (3) The Tribunal is not required to hold a hearing under subsection (2) if the applicant for the permit consents to the request for leave to apply for review. S. 82B(4) amended by Nos 72/1998 s. 8(b), 101/1998 s. 27. (4) The Tribunal may grant the leave to apply for review if it believes it would be just and fair in the circumstances to do so. S. 82B(5) substituted by No. 52/1998 s. 191(7). (5) If leave is granted by the Tribunal, the person affected may apply to the Tribunal for review of the decision of the responsible authority to grant the permit. (6) This section does not apply if— S. 82B(6)(a) amended by No. 52/1998 s. 191(8). (a) the decision on the application for a permit is exempted from section 82(1); or S. 82B(6)(b) amended by No. 52/1998 s. 191(8). (b) a permit has been issued under section 63 in respect of the application for a permit. S. 83 amended by No. 86/1989 s. 11, substituted by No. 52/1998 s. 184. 83 Parties to review S. 83(1) substituted by No. 3/2013 s. 33(1) (as amended by No. 34/2013 s. 36). (1) In addition to any other party to a proceeding for review under this Act, a determining referral authority is a party to a proceeding for review— (a) of a refusal to grant a permit if— (i) the determining referral authority had objected to the grant of the permit; or (ii) it was refused because a condition required by the determining referral authority conflicted with a condition recommended by a recommending referral authority or required by another determining referral authority; and (b) of a permit condition if the determining referral authority had required that the condition be included on the permit. (2) In addition to any other party to a proceeding for review under this Act, an objector is a party to a proceeding for review if the objector— (a) is given notice of the application for review under this Act; and (b) in accordance with the **Victorian Civil and Administrative Tribunal Act 1998**, lodges with the Tribunal a statement of the grounds on which the objector intends to rely at the hearing of the proceeding. S. 83(2A) inserted by No. 62/2014 s. 53(1). (2A) Subsection (2) does not apply if the objector lodges notice under clause 56(5) of Schedule 1 to the **Victorian Civil and Administrative Tribunal Act 1998**. S. 83(3) inserted by No. 3/2013 s. 33(2) (as amended by No. 34/2013 s. 36). (3) In addition to any other party to a proceeding for review under this Act, a recommending referral authority is a party to a proceeding for review if the recommending referral authority is given notice of the application for review under this Act. S. 83(4) inserted by No. 62/2014 s. 53(2). (4) In addition to any other party to a proceeding for review under section 82, the applicant for the permit is a party to the proceeding. S. 83AA inserted by No. 6/2025 s. 163. 83AA Tribunal may treat two or more objectors as a group (1) This section applies if in a proceeding for review under this Act— (a) two or more objectors each lodge a statement under clause 56(1) of Schedule 1 to the **Victorian Civil and Administrative Tribunal Act 1998**; and (b) the statements rely on similar grounds or raise similar issues; and (c) the objectors do not each lodge a notice under clause 56(5) of that Schedule to that Act. (2) Despite anything to the contrary in section 83, the Tribunal may— (a) identify two or more of the objectors as a group; and (b) appoint one or more of those objectors as a representative of the group. (3) The Tribunal must ensure that a person appointed under subsection (2) consents to acting as a representative of the group. S. 83A inserted by No. 52/1998 s. 184. 83A Objectors entitled to notice S. 83A(1) amended by No. 3/2013 s. 34. (1) A person who objected to the grant of a permit under section 57 is entitled to notice of an application by the applicant for the permit for review of— (a) a decision refusing to grant the permit; or (b) a failure to grant the permit; or (c) a decision imposing a condition on the permit. (2) Subsection (1) does not apply to a person if under a planning scheme the person is not entitled to apply to the Tribunal under section 82 for a review of a decision to grant the permit. S. 83AB inserted by No. 3/2013 s. 35. 83AB Recommending referral authority entitled to notice A recommending referral authority is entitled to notice of an application by the applicant for the permit for a review of a decision by the responsible authority to refuse to grant a permit or for review of a condition in a permit if that recommending referral authority had— (a) objected to the grant of a permit or to the amendment of the permit; or (b) recommended that the condition that is the subject of the application be included in the permit. S. 83B inserted by No. 52/1998 s. 184.