69 Transitional provision—Planning and Environment Amendment Regulations 2022
(1) For a period of 3 months from the commencement of the Planning and Environment Amendment Regulations 2022, it is sufficient compliance with these Regulations if the Minister, a responsible authority or a planning authority complies with the requirements of these Regulations, as in force immediately before the commencement of the Planning and Environment Amendment Regulations 2022, in relation to a specified requirement.
(2) In this regulation—
specified requirement means a requirement to do any of the following—
(a) give a notice under section 19, 52(1) or 96C of the Act;
(b) make available a copy of a document considered under section 60(1A)(g) of the Act;
(c) give to a municipal council a copy of a document considered under section 60(1A)(g) of the Act.
Schedule 1*—*Forms
Form 1
Section 38(1)
Notice 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 [].
Section 69 - Planning and Environment Regulations 2015 - Transitional provision—Planning and Environment Amendment Regulations 2022 | Zoe
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 anyexemption 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, amended by S.R. No. 107/2024 reg. 7.
Form 2
Section 52(1)
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 [describe the use, development, or other matter applied for].
A permit is required under the following clauses of the planning scheme: [include all matters for which a permit is required in the following table. Insert a new row for each planning scheme clause and subclause—]
| Planning scheme clause | Matter for which a permit is required |
| [Insert the planning scheme clause and subclause] | [For each planning scheme clause and subclause, list the matter for which a permit is required] |
*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].
[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.
Form 3
Section 52(1)
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].
[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.
Sch. 1 Form 4 amended by S.R. Nos 107/2024 reg. 8, 9/2026 reg. 3.
Form 4
Sections 63, 64, 64A and 86
Planning Permit
THE PERMIT ALLOWS: [include all matters for which the responsible authority has decided to grant the permit in the following table. Insert a new row for each planning scheme clause and subclause—]
| [Insert the planning scheme clause and subclause] | [For each planning scheme clause and subclause, list the matter for which the permit has been granted] |
[If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit, the name of the responsible authority that approved the amendment, and the section of the Act under which the permit has been amended. Insert a new row for each amendment—]
Date of amendment
Brief description of amendment
Name of responsible authority that approved the amendment
Section of the Act under which the permit has been amended
[The date the responsible authority amended the permit]
[Specify if an existing condition has been deleted or changed, or a new condition included. If a condition has changed, briefly describe the change]
[Insert name of responsible authority]
[Section 74, 75, 75A, 87 or 87A]
[If the permit has been extended under section 69 of the Act, include the following table. Insert a new row for each extension—]
| [The date the responsible authority extended the permit] | [Describe if it is an extension to commence a use or development, or to complete a development or stage of development, or an extension to certify a plan of subdivision] | [Include the duration of the extension] |
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 Part4 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 theVictorian 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.
the development or any stage of it does not start within the time specified in the permit or if no time is specified, within three years after the issue of 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 five 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.
the use does not start within the time specified in the permit, or if no time is specified, within three years after the issue of the permit; or
the development or any stage of it does not start within the time specified in the permit or if no time is specified, within three years after the issue of 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 five 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 three years after the completion of the development; or
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 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 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.
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. Nos 111/2020 reg. 5(1), 107/2024 reg. 9.
Form 5
Sections 64(1) and 66(2)
Notice of Decision to Grant a Permit
THE RESPONSIBLE AUTHORITY HAS DECIDED TO GRANT A PERMIT.
THE PERMIT HAS NOT BEEN ISSUED.
WHAT WILL THE PERMIT ALLOW?
[Include all matters for which the responsible authority has decided to grant the permit in the following table. Insert a new row for each planning scheme clause and subclause—]
| [Insert the planning scheme clause and subclause] | [For each planning scheme clause and subclause, list the matter for which the permit has been granted] |
WHAT WILL THE CONDITIONS OF THE PERMIT BE?
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.
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.
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—]
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.
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.
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).
Form 6
Sections 64(1), 75 and 76A(2)
Notice of Decision to Amend a Permit
THE RESPONSIBLE AUTHORITY HAS DECIDED TO AMEND A PERMIT.
THE AMENDED PERMIT HAS NOT BEEN ISSUED.
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?
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.
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.
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—]
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.
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.
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 7 amended by S.R. No. 107/2024 reg. 10.
Form 7
Sections 65(1) and 66(4)
Notice of Decision to Refuse to Grant a Permit
An application for a permit under the following clauses of the planning scheme: [include all matters for which the planning permit was required in the following table. Insert a new row for each planning scheme clause and subclause—]
| [Insert the planning scheme clause and subclause] | [For each planning scheme clause and subclause, list the matter for which the permit 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.]
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.)
The grounds on which the application has been refused are those of the responsible authority unless otherwise stated.
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 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.
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—]
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 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.
Sch. 1 Form 8 amended by S.R. No. 107/2024 reg. 11.
Form 8
Sections 76(1) and 76A(4)
Notice of Decision to Refuse to Grant an Amendment to a Permit
WHAT AMENDMENT HAS BEEN REFUSED? [Include all amendments that the responsible authority has decided to refuse in the description of what amendment 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.]
The responsible authority has decided to refuse to amend a permit.
The grounds on which the application has been refused are those of the responsible authority unless otherwise stated.
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 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.
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—]
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 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.
Sch. 1 Form 9 amended by S.R. Nos 107/2024 reg. 12, 9/2026 reg. 3.
Form 9
Planning Permit Granted under Section 96i of the Planning and Environment Act 1987
THE PERMIT ALLOWS: [include all matters for which the Minister has decided to grant the permit in the following table. Insert a new row for each planning scheme clause and subclause—]
| [Insert the planning scheme clause and subclause] | [For each planning scheme clause and subclause, list the matter for which the permit has been granted] |
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)
[If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit, the name of the responsible authority that approved the amendment, and the section of the Act under which the permit has been amended—]
Date of amendment
Brief description of amendment
Name of responsible authority that approved the amendment
Section of the Act under which the permit has been amended
[The date the responsible authority amended the permit]
[Specify if an existing condition has been deleted or changed, or a new condition included. If a condition has changed, briefly describe the change]
[Insert name of responsible authority]
[Section 74, 75, 75A, 87 or 87A]
[If the permit has been extended under section 69 of the Act, include the following table. Insert a new row for each extension—]
| [The date the responsible authority extended the permit] | [Describe if it is an extension to commence a use or development, or to complete a development or stage of development, or an extension to certify a plan of subdivision] | [Include the duration of the extension] |
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.
the development or any stage of it does not start within the time specified in the permit or if no time is specified, within three years after the issue of 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 five 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.
the use does not start within the time specified in the permit, or if no time is specified, within three years after the issue of the permit; or
the development or any stage of it does not start within the time specified in the permit or if no time is specified, within three years after the issue of 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 five 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 three years after the completion of the development; or
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—
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.
Sch. 1 Form 10 amended by S.R. No. 107/2024 reg. 13.
Form 10
Notice of decision to Refuse to Grant a Permit under Section 96I of the Planning and Environment Act 1987
An application for a permit under the following clauses of the planning scheme: [include all matters for which the planning permit was required in the following table. Insert a new row for each planning scheme clause and subclause—]
| [Insert the planning scheme clause and subclause] | [For each planning scheme clause and subclause, list the matter for which the permit has been refused] |
GROUNDS OF REFUSAL: [Set out the specific grounds on which the permit has been refused.]
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.
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.
Sch. 1 Form 11 amended by S.R. Nos 107/2024 reg. 14, 9/2026 reg. 3.
Form 11
Planning Permit Granted by the Minister under Section 97f of the Planning and Environment Act 1987
THE PERMIT ALLOWS: [include all matters for which the Minister has decided to grant the permit in the following table. Insert a new row for each planning scheme clause and subclause—]
| [Insert the planning scheme clause and subclause] | [For each planning scheme clause and subclause, list the matter for which the permit has been granted] |
[If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit, the name of the responsible authority that approved the amendment, and the section of the Act under which the permit has been amended. Insert a new row for each amendment—]
| Date of amendment | Brief description of amendment | Name of responsible authority that approved the amendment |
| [The date the responsible authority amended the permit] | [Specify if an existing condition has been deleted or changed, or a new condition included. If a condition has changed, briefly describe the change] | [Insert name of responsible authority] |
[If the permit has been extended under section 69 of the Act, include the following table. Insert a new row for each extension—]
| [The date the responsible authority extended the permit] | [Describe if it is an extension to commence a use or development, or to complete a development or stage of development, or an extension to certify a plan of subdivision] | [Include the duration of the extension] |
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.
the development or any stage of it does not start within the time specified in the permit or if no time is specified, within three years after the issue of 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 five 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.
the use does not start within the time specified in the permit, or if no time is specified, within three years after the issue of the permit; or
the development or any stage of it does not start within the time specified in the permit or if no time is specified, within three years after the issue of 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 five 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 three years after the completion of the development; or
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—
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.
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.
Sch. 1 Form 12 amended by S.R. No. 107/2024 reg. 15.
Form 12
Notice of Refusal by the Minister to Grant a Permit under Section 97F of the Planning and Environment Act 1987
An application for a permit under the following clauses of the planning scheme: [include all matters for which the planning permit was required in the following table. Insert a new row for each planning scheme clause and subclause—]
| [Insert the planning scheme clause and subclause] | [For each planning scheme clause and subclause, list the matter for which the permit 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*.*]
The Minister has decided to refuse to grant a permit.
The grounds on which the application has been refused are those of the Minister unless otherwise stated.
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.
Sch. 1 Form 13 amended by S.R. No. 107/2024 reg. 16.
Form 13
Notice of Refusal by the Minister to Amend a Permit under Section 97J of the Planning and Environment Act 1987
WHAT AMENDMENT HAS BEEN REFUSED? [include all amendments that the Minister has decided to refuse in the description of what amendment 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.]
IMPORTANT INFORMATION ABOUT THIS NOTICE:
The Minister has decided to refuse to amend a permit.
The grounds on which the application has been refused are those of the Minister unless otherwise stated.
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.
Form 14
Section 97O(2)
Certificate of Compliance—Existing Use or Development
Certificate No.:
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.
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.
Form 15
Section 97O(2)
Certificate of Compliance—Proposed Use or Development
Certificate No.:
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:
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.
Form 16
Section 110(2)
Statement of Compensation Paid
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:
Form 17
Section 110(4)
Cancellation of Statement of Compensation Paid
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:
Form 18
NOTICE OF PROPOSAL TO *amend / *END AN AGREEMENT
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].
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.
Form 19
Section 178F(1)
NOTICE OF DECISION TO *amend / *END AN AGREEMENT
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.
[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—]
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.
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.
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 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.
Form 20
Section 178F(2)
NOTICE OF DECISION TO REFUSE TO *amend / *END an AGREEMENT
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.]
[If the responsible authority gave notice under section 178A(3) of the Act, include the following paragraphs—]
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 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 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.
Sch. 1 Forms 21–24 revoked by S.R. No. 107/2024 reg. 17.
Form 25
Section 201(2)
Application for Declaration of Underlying Zoning
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].
Applicant's signature:
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Planning and Environment Regulations 2015, S.R. No. 33/2015 were made on 12 May 2015 by the Governor in Council under section 202 of the Planning and Environment Act 1987, No. 45/1987 and came into operation on 16 May 2015: regulation 3.
The Planning and Environment Regulations 2015 will sunset on 10 May 2026: see Subordinate Legislation (Planning and Environment Regulations 2015) Extension Regulations 2025, S.R. No. 24/2025.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Planning and Environment Regulations 2015 by statutory rules, subordinate instruments and Acts.