58Minister's call in powers in Planning and Environment Act matters

58 Minister's call in powers in Planning and Environment Act matters (1) This clause applies to a proceeding for review of a decision under the **Planning and Environment Act 1987** if the Minister administering the **Planning and Environment Act 1987** considers that— (b) the determination of the proceeding may have a substantial effect on the achievement or development of planning objectives. (2) The Minister administering the **Planning and Environment Act 1987** may— (a) by notice in writing to the principal registrar call in the proceeding; or (b) invite the Tribunal— (i) to decline to hear or to continue to hear the proceeding and refer it to the Governor in Council for determination; or (ii) to hear or to continue to hear the proceeding but, without determining it, refer it with recommendations to the Governor in Council for determination. (3) A notice or invitation under subclause (2) is of no effect unless it is given— (a) before the final determination of the proceeding; and (b) no later than 7 days before the day fixed for the hearing of the proceeding. (4) If the Minister calls in a proceeding under subclause (2)(a)— (a) the Tribunal must not commence or continue to hear the proceeding; and (b) the principal registrar must refer the proceeding to the Governor in Council for determination. (5) In subclause (3) a reference to a hearing does not include a reference to a hearing in the nature of a directions hearing, preliminary hearing or interlocutory hearing. (6) This clause applies to a proceeding existing on or after the commencement of section 3 of the **Victorian Civil and Administrative Tribunal (Amendment) Act 2004**. Sch. 1 cl. 59 substituted by No. 53/2004 s. 3. 59 Call in powers in other planning matters (1) This clause applies to a proceeding for review of a decision under a planning enactment other than the **Planning and Environment Act 1987** if the Minister administering the relevant planning enactment considers that the proceeding raises a major issue of policy. (2) The Minister administering the relevant planning enactment may request the Minister administering the **Planning and Environment Act 1987** to— (a) by notice in writing to the principal registrar call in the proceeding; or (b) invite the Tribunal— (i) to decline to hear or to continue to hear the proceeding and refer it to the Governor in Council for determination; or (ii) to hear or to continue to hear the proceeding but, without determining it, refer it with recommendations to the Governor in Council for determination. (3) The Minister administering the **Planning and Environment Act 1987** must comply with a request under subclause (2). (4) A notice or invitation under this clause is of no effect unless it is given— (a) before the final determination of the proceeding; and (b) no later than 7 days before the day fixed for the hearing of the proceeding. (5) If the Minister calls in a proceeding by notice under this clause— (a) the Tribunal must not commence or continue to hear the proceeding; and (b) the principal registrar must refer the proceeding to the Governor in Council for determination. (6) In subclause (4) a reference to a hearing does not include a reference to a hearing in the nature of a directions hearing, preliminary hearing or interlocutory hearing. (7) This clause applies to a proceeding existing on or after the commencement of section 3 of the **Victorian Civil and Administrative Tribunal (Amendment) Act 2004**. 60 Tribunal may refer planning matters to Governor in Council (1) This clause applies to a proceeding for review of a decision under a planning enactment if, after the hearing of the proceeding has begun, the Tribunal considers that— (b) in the case of a proceeding for review of a decision under the **Planning and Environment Act 1987**, the determination of the proceeding may have a substantial effect on the achievement or development of planning objectives. (2) In a proceeding to which this clause applies, the Tribunal— (a) may invite the Minister administering the **Planning and Environment Act 1987** to make submissions to the Tribunal; and (b) may continue to hear the proceeding but, without determining it, refer it with recommendations to the Governor in Council for determination. 61 Effect of referral to Governor in Council (1) If a proceeding is referred to the Governor in Council under clause 58, 59 or 60— (a) the principal registrar must— (i) give a copy of the recommendations that accompanied the referral to each party to the proceeding within a reasonable time after the referral; and (ii) make a copy of the recommendations available during office hours for inspection by any person without charge; and (b) the Governor in Council may determine the proceeding and make any orders in relation to the proceeding that could have been made by the Tribunal. Sch. 1 cl. 61(1A) inserted by No. 53/2004 s. 4. (1A) If a proceeding is referred to the Governor in Council under clause 58, 59 or 60, the Governor in Council is not bound by any decision, determination or order made by the Tribunal in the proceeding. (2) An order made by the Governor in Council referred to in subclause (1)(b) is deemed to be an order of the Tribunal. 62 Tribunal may disregard failures to comply The Tribunal has jurisdiction to determine a proceeding under a planning enactment despite any failure to comply with the planning enactment or any other enactment and, in doing so, may determine to disregard that failure if the Tribunal considers it in the interests of justice to do so. Sch. 1 cl. 62A inserted by No. 52/2008 s. 268, repealed by No. 83/2012 s. 46(1). 63 Costs (1) In determining whether or not to make an order for costs in a proceeding under the **Planning and Environment Act 1987**, the Tribunal may have regard to whether the proceeding was brought primarily to secure or maintain a direct or indirect commercial advantage for the person who brought the proceeding. (2) Subclause (1) is in addition to the matters that the Tribunal may have regard to under section 109(3). 64 Amendment of application Sch. 1 cl. 64(1) amended by No. 39/2018 s. 59(3), repealed by No. 6/2025 s. 166(1). Sch. 1 cl. 64(2) amended by No. 6/2025 s. 166(2). (2) At any time in a proceeding under a planning enactment the Tribunal may make any amendment it thinks fit to the application for the permit, development licence, operating licence or pilot project licence the subject of the proceeding. (3) Without limiting the generality of subclause (2), the Tribunal may make an amendment to an application for a permit under the **Planning and Environment Act 1987**— (a) as to a use or development different from the use or development mentioned in the application; (b) as to the land to the use or development of which the application relates. (4) This clause is in addition to, and does not limit or affect section 127. 65 Extension of time (1) The Tribunal must not extend the time for commencing a proceeding under a planning enactment if— (a) a proceeding in respect of the same or related facts and circumstances has already been set down for hearing; or Sch. 1 cl. 65(1)(b) amended by No. 6/2025 s. 167. (b) a permit, development licence, operating licence or pilot project licence has been issued to any person on or after the expiration of the time appointed for lodging an application for review of the decision to grant that permit, licence or approval. (2) Subclause (1) does not apply if leave is granted under section 82B of the **Planning and Environment Act 1987**. 66 Questions of law Sch. 1 cl. 66(1) amended by No. 17/2014 s. 160(Sch. 2 item 105.10(a)). (1) Despite section 107(1), if the Tribunal is constituted for the purposes of a proceeding under a planning enactment without a judicial member or a member who is an Australian lawyer, a question of law arising in the proceeding may be decided— Sch. 1 cl. 66(1)(a) amended by No. 14/2006 s. 27(1). (a) by the presiding member unless the parties that are present at the hearing of the proceeding disagree; or Sch. 1 cl. 66(1)(b) amended by No. 17/2014 s. 160(Sch. 2 item 105.10(a)). (b) in accordance with the opinion of a judicial member or a member who is an Australian lawyer nominated by the President. (2) Section 107(3)(b) does not apply to a proceeding under a planning enactment. Sch. 1 cl. 66(3) inserted by No. 14/2006 s. 27(2). (3) For the purpose of this clause, the determination of a question of law in a proceeding under a planning enactment is deemed to be an order for the purposes of section 120. Sch. 1 Part 16AA (Heading and cls 66AA–66AF) inserted by No. 60/2014 s. 139. Part 16AA—Privacy and Data Protection Act 2014 Sch. 1 cl. 66AA (Heading) amended by No. 20/2017 s. 134(Sch. 1 item 19.2). Sch. 1 cl. 66AA inserted by No. 60/2014 s. 139. 66AA Meaning of *Information Commissioner* Sch. 1 cl. 66AA def. of *Commis-sioner* substituted as *Information Commis-sioner* by No. 20/2017 s. 134(Sch. 1 item 19.3). ***Information Commissioner*** means the Information Commissioner appointed under the **Freedom of Information Act 1982** in the Information Commissioner's capacity under the **Privacy and Data Protection Act 2014**. Sch. 1 cl. 66AB (Heading) amended by No. 20/2017 s. 134(Sch. 1 item 19.4). Sch. 1 cl. 66AB inserted by No. 60/2014 s. 139, amended by No. 20/2017 s. 134(Sch. 1 item 19.5). 66AB Intervention by Information Commissioner The Information Commissioner may intervene at any time in a proceeding under the **Privacy and Data Protection Act 2014**. Sch. 1 cl. 66AC inserted by No. 60/2014 s. 139. 66AC Notification in other proceedings Sch. 1 cl. 66AC(1) amended by No. 20/2017 s. 134(Sch. 1 item 19.6). (1) If an application is made under section 72 (interim order) or a referral under section 65 (Minister's referral) of the **Privacy and Data Protection Act 2014**, the principal registrar must notify the Information Commissioner. Sch. 1 cl. 66AC(2) amended by No. 20/2017 s. 134(Sch. 1 item 19.6). (2) Subclause (1) does not apply in the case of an application by the Information Commissioner under section 72 of the **Privacy and Data Protection Act 2014**. Sch. 1 cl. 66AD (Heading) amended by No. 20/2017 s. 134(Sch. 1 item 19.7). Sch. 1 cl. 66AD inserted by No. 60/2014 s. 139, amended by No. 20/2017 s. 134(Sch. 1 item 19.8). 66AD Information Commissioner may apply for interim injunction The Information Commissioner may apply for an order granting an interim injunction under section 123 in a proceeding under the **Privacy and Data Protection Act 2014** whether or not the Information Commissioner is a party to that proceeding. Sch. 1 cl. 66AE inserted by No. 60/2014 s. 139, amended by No. 20/2017 s. 134(Sch. 1 item 19.9). 66AE Compulsory conference The presiding member at a compulsory conference in a proceeding under the **Privacy and Data Protection Act 2014** may refer any matter to the Information Commissioner for investigation, negotiation or conciliation. Sch. 1 cl. 66AF inserted by No. 60/2014 s. 139. 66AF Settlement offers Sections 112 to 115 do not apply to a proceeding under the **Privacy and Data Protection Act 2014**. Sch. 1 Pt 16A (Heading and cl. 66A) inserted by No. 71/2005 s. 6.