VICIn ForceAct
Planning and Environment Act 1987
83AObjectors entitled to notice 266
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83A Objectors entitled to notice 266
83AB Recommending referral authority entitled to notice 266
83B Notice if permit application was made without notice 267
84 An application may be determined after an appeal has been lodged 268
84A Parties not restricted to grounds previously notified 269
84AB Tribunal may confine review with agreement 269
84B Matters for Tribunal to take into account 269
85 Determination of applications 272
86 Issue of permit 274
Division 3—Cancellation and amendment of permits by Tribunal 275
87 What are the grounds for cancellation or amendment of permits? 275
87A Cancellation or amendment of permit issued at direction of Tribunal 277
88 What are the limits on the power to cancel or amend a permit? 277
89 Request for cancellation or amendment 278
90 Hearing by Tribunal 278
90A Matters which Tribunal must take into account 279
91 Determination by Tribunal 279
92 Notice of the cancellation or amendment 281
93 Order to stop development 281
94 Right to compensation 282
Division 3A—Active management of proceedings by Tribunal 283
94A Active management of proceedings 283
Division 4—Provisions relating to Ministers, government departments and responsible authorities 286
95 Permits required by Ministers or government departments 286
96 Land owned or permit required by responsible authorities 287
Division 5—Combined permit and amendment process 289
96A Application for permit when amendment requested 289
96B Application of provisions 292
96C Notice of amendment, application and permit 293
96D Hearing by panel 296
96E Report by panel on proposed permit 297
96F Planning authority to consider panel's report 297
96G Determination by planning authority 297
96H Recommendation by planning authority 298
96I Minister may grant permit on approval of amendment 299
96J Issue of permit 300
96K Notice of refusal 301
96L Cancellation of permit 301
96M Application of provisions 301
96N Who is to be the responsible authority? 303
Division 5A—Metropolitan Planning Levy 303
96O Imposition of levy 303
96P What is a *leviable planning permit application*? 303
96Q Amount of levy 304
96R CPI adjusted amount 305
96S Notification and payment of levy 307
96T Levy certificate 307
96U Revised levy certificate 308
96UA Application for levy exemption certificate 309
96UB Levy exemption certificate 310
96V No refund of levy except in certain circumstances 311
96W Commissioner's functions and powers 313
96X Prohibition on certain disclosures of information by Commissioner etc. 313
96Y Permitted disclosures 313
96Z Responsible authority or planning authority to keep levy certificate and levy exemption certificate 314
Division 6—Powers of Minister in relation to applications 315
97B Call in power 315
97C Request by responsible authority 316
97D Referral of applications to Minister 316
97E Panel 317
97F Decision of Minister 318
97G Notice of availability 318
97H Effect of issue of permit 319
97I Application for amendment of permit 320
97J Decision on amendment 321
97K Notice of decision 321
97L Register 321
97M Provisions of Act not to apply 322
Part 4AA—Planning Application Committee 323
97MA Planning Application Committee 323
97MB Membership of Planning Application Committee 323
97MC Functions of the Planning Application Committee 324
97MD Proceedings of Planning Application Committee 324
97ME Subcommittees 325
97MF Delegation to subcommittee 325
97MG Payment of members of Committee and subcommittees 325
97MH Responsible authority to assist Planning Application Committee 325
97MI Responsible authority to contribute to costs of Planning Application Committee 326
Part 4A—Certificates of compliance 327
97N Application for certificate 327
97O Certificate of compliance 327
97P Review of failure or refusal to issue certificate 328
97Q Cancellation or amendment of certificate 329
97R Register 330
Part 5—Compensation 331
98AAA Part 5 to not apply to inner public purpose land 331
98AA Definitions 331
98 Right to compensation 331
99 When does the right to compensation arise? 333
99A Requirements for claim for compensation 334
100 Increased compensation for effect on residence 335
101 Claim for expenses 335
102 What if compensation has been previously paid? 336
103 Small claims 336
104 Maximum amount of compensation payable 336
104A Actual zoning of land may be considered in determining compensation 336
104B Interest on compensation 337
104C Determination of rate of interest 338
105 Land Acquisition and Compensation Act 1986 to apply 338
106 Loss on sale 339
107 Compensation for removal or lapsing of reservation 339
108 Persons who are not eligible to claim compensation 341
109 When is compensation payable by other authorities? 341
110 Compensation paid to be noted on title 343
111 Recovery of compensation previously paid 343
112 Reimbursement of compensation paid 344
113 Declaration of proposed reservation 345
Part 6—Enforcement and legal proceedings 347
Division 1—Enforcement orders 347
114 Application for enforcement order 347
115 Notice of application 348
116 Determination of Tribunal where no objections 349
117 Determination of Tribunal where objections are received 349
119 What can an enforcement order provide for? 350
120 Interim enforcement orders 352
121 Cancellation of enforcement order or interim enforcement order 354
122 Offences 354
123 Responsible authority may carry out work 355
124 Orders to bind future owners and occupiers 355
125 Injunctions 355
Division 2—Offences and penalties 356
126 Offence to contravene scheme, permit or agreement 356
127 General penalties 357
128 Criminal liability of officers of bodies corporate—failure to exercise due diligence 357
129 Penalties to be paid to prosecuting authority 359
130 Planning infringements 359
Division 2A—Order prohibiting the use or development of land under this Act and the Building Act 1993 for period of time 361
131 Order prohibiting the use or development of land for period of time 361
132 Effect of Order 362
132A Nothing in Order prevents emergency order 363
Division 3—Powers of entry 363
133 Powers of entry 363
134 What must be done before entry? 364
135 Powers of authorised persons who enter land 364
136 Police to assist authorised persons 365
137 Offence to obstruct 365
138 No legal proceedings against authorised persons 365
Division 4—Evidence and notices 365
139 Evidence of ownership 365
140 Proof of existence and contents of planning scheme 366
141 Evidence of planning scheme provisions and permits 368
142 Evidence of agreements under section 173 369
143 Constitution and procedure of planning authority or responsible authority 369
144 Evidence of minutes 370
145 Notices and service of orders 371
146 Copies of schemes and amendments 372
147 General provisions 372
Division 5—Applications to Tribunal 374
148 Definitions 374
149 Application for review 374
149A Application by certain persons for declarations 375
149B General application for declaration 376
150 Tribunal orders in relation to proceedings 377
Part 7—Advisory committees 379
151 Advisory committees 379
152 Powers of advisory committee 380
Part 8—Panels 383
Division 1—Appointment of panels 383
153 Appointment of panels 383
154 Composition of panels 383
155 Chairperson 383
156 Costs and expenses of panel 383
157 Panels with more than one member 384
158 Planning authority to provide assistance 385
158AA Terms of reference for panels relating to Suburban Rail Loop program 385