97MProvisions of Act not to apply

97M Provisions of Act not to apply Divisions 2 and 3 of this Part and section 149A do not apply in relation to— (a) an application referred to the Minister under this Division; or (b) a permit issued under this Division; or (c) an amendment of a permit issued under this Division. Pt 4AA (Headings and ss 97MA–97MZT) inserted by No. 66/2009 s. 5, amended by No. 58/2010 ss 37–42, repealed by No. 3/2013 s. 5, new Pt 4AA (Heading and ss 97MA–97MI) inserted by No. 3/2013 s. 10. Part 4AA—Planning Application Committee New s. 97MA inserted by No. 3/2013 s. 10. 97MA Planning Application Committee The Minister may establish a Planning Application Committee. New s. 97MB inserted by No. 3/2013 s. 10. 97MB Membership of Planning Application Committee (1) The Planning Application Committee is to consist of— (a) a chairperson appointed by the Minister from the list of persons prepared under subsection (2); and (b) at least 4 other members appointed by the Minister. (2) The Minister must prepare a list of names of persons available for appointment as a chairperson of the Planning Application Committee. (3) The Minister must consult with the following bodies in respect of the list before making any appointment from that list— (a) the Municipal Association of Victoria established under the **Municipal Association Act 1907**; (b) the Victorian Local Governance Association; (c) 2 bodies that the Minister considers represent the planning and development industry. (4) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of the Planning Application Committee in respect of the office of member. New s. 97MC inserted by No. 3/2013 s. 10. 97MC Functions of the Planning Application Committee The Planning Application Committee has the following functions— (a) to advise the Minister on any matters which the Minister refers to it in relation to an application for a permit or class of applications for permits; (b) to advise a responsible authority on any matters which the authority, with the consent of the Minister, refers to it in relation to an application for a permit or class of applications for permits; (c) to carry out, as delegate, any function delegated to it by the Minister under section 190; (d) to carry out, as delegate, any function delegated to it by a responsible authority under section 188. New s. 97MD inserted by No. 3/2013 s. 10. 97MD Proceedings of Planning Application Committee Subject to the regulations (if any), the Planning Application Committee may regulate its own proceedings. New s. 97ME inserted by No. 3/2013 s. 10. 97ME Subcommittees (1) The Planning Application Committee may appoint one or more subcommittees for the purposes of carrying out any of its functions. (2) A subcommittee may consist of— (a) members of the Planning Application Committee; or (b) one or more members of the Planning Application Committee and co-opted members appointed by the Committee. (3) The Planning Application Committee must appoint a member of the Planning Application Committee to be the chairperson of a subcommittee. New s. 97MF inserted by No. 3/2013 s. 10. 97MF Delegation to subcommittee The Planning Application Committee may, by instrument, delegate to the members of a subcommittee any of its functions, including any function delegated to it, but not including this power of delegation. New s. 97MG inserted by No. 3/2013 s. 10. 97MG Payment of members of Committee and subcommittees A member of the Planning Application Committee or a subcommittee of that Committee is entitled to be paid the fees and allowances (if any) fixed in respect of the member by the Minister. New s. 97MH inserted by No. 3/2013 s. 10. 97MH Responsible authority to assist Planning Application Committee A responsible authority, which has requested the advice of the Planning Application Committee or delegated a function to the Committee, must provide the Committee with any information or assistance that the Committee requires in order to provide the advice or carry out the function. S. 97MI inserted by No. 3/2013 s. 10. 97MI Responsible authority to contribute to costs of Planning Application Committee A responsible authority must, on the request of the Minister, contribute an amount specified by the Minister towards the costs of the Planning Application Committee or a subcommittee of that Committee that are incurred in providing advice to, or carrying out a function under delegation from, that authority. Pt 4A (Heading and ss 97N–97R) inserted by No. 128/1993 s. 23.