39General disputes arising under this Act

39 General disputes arising under this Act S. 39(1) amended by No. 48/1991 s. 35(a), substituted by No. 52/1998 s. 311(Sch. 1 item 86.3). (1) An owner, an applicant, a Council or a referral authority may apply to the Victorian Civil and Administrative Tribunal for the determination of a dispute arising under this Act or the regulations. (2) Subsection (1) does not apply to a dispute— S. 39(2)(a) amended by No. 69/2006 s. 214(2). (a) under section 35 or referred to in Division 5 of Part 5; or S. 39(2)(b) amended by No. 92/1989 s. 7(e), substituted by No. 52/1998 s. 311(Sch. 1 item 86.4). (b) that involves a decision or matter referred to in section 149 or 149A of the **Planning and Environment Act 1987**; or (c) relating to an enforcement order under section 114 of that Act; or (d) relating to an agreement under section 173 of that Act; or (e) relating to orders of a Court. (3) On the application of any person, a referral authority, a responsible authority or the Minister, the County Court may order that the registration of a certified plan be stopped if there has been— (a) a material mis-statement or concealment of fact in the application for certification or in relation to the statement of compliance under section 21; or (b) a material breach of this Act or the regulations or of any other Act or regulations or the planning scheme; or S. 39(3)(c) substituted by No. 48/1991 s. 35(b). (c) any failure to give notice under section 22(1B) when requested to do so. (4) In an urgent case, the Court may make an interim order under subsection (3) without first giving notice to any person. (5) Any dispute under section 35 must be referred to the Minister, whose decision takes the place of the decision of the Council or a referral authority. S. 40 amended by Nos 47/1989 s. 19(r), 48/1991 s. 36(1)–(3), substituted by No. 52/1998 s. 311(Sch. 1 item 86.5).