Planning and Environment Amendment (VicSmart) Regulations 2014 (Vic)

Planning and Environment Amendment (VicSmart) Regulations 2014

S.R. No. 126/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Commencement

5Definitions

6Prescribed amendments

7Regulation 17 substituted

17Responsible authority register of applications

8More information—section 54

9Applications for review under section 79

10Schedule 2 revoked

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 126/2014

Planning and Environment Act 1987

Planning and Environment Amendment (VicSmart) Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 16 September 2014

Responsible Minister:

MATTHEW GUY
Minister for Planning

CHIARA EDWARDS

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Planning and Environment Regulations 2005—

(a)to prescribe the time for the purpose of a requirement to provide more information under section 54 of the Planning and Environment Act 1987 in respect of VicSmart applications; and

(b)to prescribe the time after which an application for review may be made to the Victorian Civil and Administrative Tribunal under section 79 of the Planning and Environment Act 1987 in respect of VicSmart applications; and

(c)to prescribe other matters in respect of VicSmart applications; and

(d)to amend the classes of amendment prescribed for the purposes of section 20A(1) of the Planning and Environment Act 1987.

2Authorising provision

These Regulations are made under section 202 of the Planning and Environment Act 1987.

3Principal Regulations

In these Regulations, the Planning and Environment Regulations 2005[1] are called the Principal Regulations.

4Commencement

These Regulations come into operation on 19 September 2014.

5Definitions

In regulation 5 of the Principal Regulations—

(a)  insert the following definition—

"VicSmart application means an application for a permit to which the VicSmart planning assessment process applies in accordance with any applicable planning scheme.";

(b)in the definition of the Act, for "1987." substitute "1987;".

6Prescribed amendments

In regulation 9A(1)(c) of the Principal Regulations, for "language or grammatical form" substitute "style, format, language or grammatical form".

7Regulation 17 substituted

For regulation 17 of the Principal Regulations substitute—

"17   Responsible authority register of applications

For the purposes of section 49(1) of the Act, the prescribed information is—

(a)the permit application number; and

(b)the date the responsible authority received the application; and

(c)the applicant's name and address; and

(d)the address of the land to which the application applies; and

(e)the proposed use, development or other matter for which the application was made; and

(f)whether the application is a VicSmart application; and

(g)the details of any changes made to the application; and

(h)the date that notice of the application is given; and

(i)whether an officer of the municipal council is the responsible authority in relation to the application; and

(j)the date and decision of the responsible authority; and

(k)the details of any corrections or amendments of the permit; and

(l)the date and determination of the Tribunal.".

8More information—section 54

For regulation 20 of the Principal Regulations substitute—

"20   More information—section 54

For the purposes of section 54 of the Act, the prescribed time is—

(a)in the case of a VicSmart application, 5 business days after the responsible authority received the application; or

(b)in the case of any other application, 28 days after the responsible authority received the application.".

9Applications for review under section 79

For regulation 31(1) of the Principal Regulations substitute—

"(1)For the purposes of section 79 of the Act, the prescribed time is—

(a)10 business days for a VicSmart application; or

(b)60 days for all other applications.".

10Schedule 2 revoked

Schedule 2 to the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 3: S.R. No. 33/2005 as amended by S.R. Nos 135/2006 and 132/2013.