43Regulations

43 Regulations (1) The Governor in Council may make regulations— (a) prescribing the manner or form of giving a notice; and (b) prescribing the manner or form of an application; and S. 43(1)(ba) inserted by No. 47/1989 s. 17(1)(a). (ba) regulating the making of applications; and S. 43(1)(bb) inserted by No. 47/1989 s. 17(1)(a). (bb) prescribing the form and content of plans; and S. 43(1)(bc) inserted by No. 47/1989 s. 17(1)(a). (bc) prescribing matters in relation to the interpretation of plans of strata or cluster subdivision or strata or cluster redevelopment; and S. 43(1)(bd) inserted by No. 47/1989 s. 17(1)(a). (bd) prescribing classes of plans to be exempted from the referral requirements in section 8; and (c) prescribing what constitutes evidence of completion; and S. 43(1)(d) amended by No. 47/1989 s. 17(1)(b). (d) prescribing time limits including different time limits for different classes of cases; and S. 43(1)(e) amended by No. 47/2007 s. 22. (e) prescribing the time within which any application for review to the Victorian Civil and Administrative Tribunal may be made; and (f) prescribing standards for plans, survey marks and the laying out of subdivisions; and S. 43(1)(g) substituted by No. 47/1989 s. 17(1)(c). (g) requiring records or registers to be kept and prescribing the content and manner of keeping records or registers under this Act or the regulations; and S. 43(1)(h) amended by Nos 47/1989 s. 17(1)(d), 92/1989 s. 7(f), 28/2000 s. 23(a), repealed by No. 69/2006 s. 215(a). S. 43(1)(i) amended by No. 47/1989 s. 17(1)(e), repealed by No. 69/2006 s. 215(b). S. 43(1)(ia) inserted by No. 47/1989 s. 17(1)(f), amended by No. 28/2000 s. 23(b), repealed by No. 69/2006 s. 215(c). S. 43(1)(ib) inserted by No. 47/1989 s. 17(1)(f). (ib) prescribing the powers and duties of the Registrar in connection with plans and other matters arising under this Act or the regulations including authorising the Registrar— (i) to allocate plan numbers; and (ii) to publish acceptable abbreviations to be used on plans; and (iii) to charge fees for supplying a copy of any document; and S. 43(1)(ib)(iv) amended by No. 14/2025 s. 55(1)(a). (iv) to charge fees or other amounts for lodging or sending any document by post; and S. 43(1)(ib)(v) inserted by No. 48/1991 s. 37(a). (v) to supply information concerning existing registered easements for the purposes of section 12 and to charge fees for doing so; and (j) prescribing fees for any thing done under this Act; and S. 43(1)(jaa) inserted by No. 14/2025 s. 55(1)(b). (jaa) prescribing fees or amounts to be paid for anything dealt with under this Act by the Registrar, based on the cost or value of providing the service; and S. 43(1)(ja) inserted by No. 2/2008 s. 33. (ja) prescribing forms for the purposes of this Act; and (k) prescribing penalties not exceeding 20 penalty units or 6 months imprisonment for a contravention of the regulations; and S. 43(1)(l) amended by No. 48/1991 s. 37(b). (l) providing for any other matter which is authorised or required to be prescribed or necessary to be prescribed to carry out this Act. (2) The regulations may— S. 43(2)(a) amended by No. 14/2025 s. 55(2)(a). (a) for those things not dealt with by the Registrar under this Act, prescribe fees including— (i) different fees for different classes of applications, determinations, documents or things done under this Act; and (ii) composite fees payable to the responsible authority for consideration of an application by the responsible authority and any referral authority or the Council; and S. 43(2)(a)(iii) substituted by No. 47/1989 s. 17(2)(a). (iii) maximum and minimum fees related to the costs and value of services or works; and S. 43(2)(a)(iv) inserted by No. 47/1989 s. 17(2)(a). (iv) the fixing by Councils of fees to be charged for checking engineering plans; and S. 43(2)(a)(v) inserted by No. 47/1989 s. 17(2)(a), repealed by No. 14/2025 s. 55(2)(b). S. 43(2)(ab) inserted by No. 14/2025 s. 55(3). (ab) for the purpose of subsection (1)(jaa), prescribe fees or amounts as follows— (i) different fees or amounts for— (A) different activities or classes of activities; and (B) different cases or classes of cases; and (C) different modes of providing any service in respect of which those fees or amounts apply; (ii) maximum and minimum fees or amounts related to the costs or value of providing any service in respect of which those fees or amounts apply; and (b) require a responsible authority to give a referral authority or Council the fees collected on its behalf; and (c) empower a responsible authority, referral authority or Council to waive or rebate the payment of a fee in specified circumstances; and (d) require the making of a statutory declaration; and (e) empower a responsible authority to make an administration charge not exceeding the prescribed amount for collecting fees referred to in paragraph (b); and S. 43(2)(f) inserted by No. 47/1989 s. 17(2)(b). (f) require a Council to give information about a plan in specified circumstances; and S. 43(2)(g) inserted by No. 47/1989 s. 17(2)(b). (g) be of general or limited application and may differ according to differences in time, place or circumstance. (3) The regulations may apply, adopt or incorporate any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (a) wholly or partially or as amended by the regulations; or (b) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (c) as formulated, issued, prescribed or published from time to time. S. 43(4) amended by No. 78/2010 s. 24(Sch. 1 item 32.1). (4) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of the Parliament. S. 43(5) repealed by No. 78/2010 s. 24(Sch. 1 item 32.2). S. 44 amended by Nos 47/1989 ss 18(1)(e)-(l), 20, 92/1989 s. 6, 48/1991 s. 38(1)‒(4), 57/1993 s. 17(4), 52/1998 s. 311(Sch. 1 item 86.7), 69/2006 s. 212(h), repealed by No. 42/2017 s. 65. S. 44A inserted by No. 47/1989 s. 18(2).