Part 16Planning enactments

Part 16—Planning enactments 52 Constitution of Tribunal Sch. 1 cl. 52(1) amended by No. 15/2018 s. 66(1). (1) Subject to subclause (3), the Tribunal is to be constituted for the purposes of a proceeding under a planning enactment by— (a) one member who has sound knowledge of, and experience in, planning or environmental practice in Victoria; or (b) if it is constituted by 2 members, at least one member who has sound knowledge of, and experience in, planning or environmental practice in Victoria; or (c) if it is constituted by 3, 4 or 5 members, at least 2 members who have sound knowledge of, and experience in, planning or environmental practice in Victoria. (2) Section 64(2) does not apply to a proceeding under a planning enactment. Sch. 1 cl. 52(3) inserted by No. 15/2018 s. 66(2). (3) For a proceeding under a planning enactment, the Tribunal or principal registrar may nominate a person to conduct a compulsory conference or a mediation in accordance with Division 5 of Part 4. Sch. 1 cl. 52(4) inserted by No. 15/2018 s. 66(2). (4) A person nominated under subclause (3) must have sound knowledge of, and experience in, planning or environmental practice in Victoria. 53 Decision-maker not obliged to give reasons Nothing in section 45 applies to a decision under a planning enactment. 54 Decision-maker not obliged to lodge documents Nothing in section 49 applies to a decision under a planning enactment. 55 Further notice if there is a failure to comply with legislation (1) If in any proceeding under a planning enactment the Tribunal considers that there has been a failure to comply with any enactment, the Tribunal may direct that a specified party give notice or further notice of the proceeding to any person, in the form and manner specified by the Tribunal. (2) The Tribunal may adjourn the proceeding for the purpose of allowing notice or further notice to be given. (3) If the Tribunal directs that a responsible authority gives notice or further notice under this clause, the Tribunal may order that another party pay the responsible authority's costs of giving the notice. Sch. 1 cl. 56 (Heading) inserted by No. 62/2014 s. 41(1). 56 Person wishing to contest proceeding to lodge grounds (1) A person who wishes to contest a proceeding under a planning enactment must lodge with the Tribunal, in accordance with the rules, a statement of the grounds on which the person intends to rely at the hearing of the proceeding. (2) Subclause (1) does not apply to a responsible authority in a proceeding— (a) for review of a decision of the authority— (i) to refuse to grant a permit; or (ii) to extend time within which any development is to be commenced or completed; or (b) in respect of the failure of the authority to grant a permit. (3) A copy of each statement lodged under subclause (1) must be served on the applicant and the responsible authority. (4) If a person fails to comply with this clause, the Tribunal must not allow the person to be heard in the proceeding unless it has obtained and considered the views of the applicant and the responsible authority on whether or not the person should be heard. Sch. 1 cl. 56(5) inserted by No. 62/2014 s. 41(2). (5) A person who lodges a statement under subclause (1) may lodge with the statement a written notice that the person does not intend to participate in the hearing of the proceeding. Sch. 1 cl. 56(6) inserted by No. 62/2014 s. 41(2). (6) If a person lodges a notice under subclause (5), the person is not, or ceases to be, a party to the proceeding (as the case requires). Note to Sch. 1 cl. 56 inserted by No. 6/2025 s. 165(1). See also sections 83AA (Tribunal may treat two or more objectors as a group) and 94A (Active management of proceedings) of the **Planning and Environment Act 1987**. Sch. 1 cl. 56A inserted by No. 6/2025 s. 165(2).