Untitled document

Subdivision (Procedures) (Amendment) Regulations 2005

S.R. No. 32/2005

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Definitions

6.New regulations 61A, 61B and 61C inserted

61A.Application for leave

61B.Referral of disputes

61C.Applications for review

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 32/2005

Subdivision Act 1988

Subdivision (Procedures) (Amendment) Regulations 2005

The Governor in Council makes the following Regulations:

Dated: 17 May 2005

Responsible Minister:

ROB HULLS
Minister for Planning

RUTH LEACH

Acting Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Subdivision (Procedures) Regulations 2000 to prescribe times for applications to the Victorian Civil and Administrative Tribunal under the Subdivision Act 1988.

2.Authorising provision

These Regulations are made under section 43 of the Subdivision Act 1988.

3.Commencement

These Regulations come into operation on 23 May 2005.

4.Principal Regulations

In these Regulations, the Subdivision (Procedures) Regulations 2000[1] are called the Principal Regulations.

5.Definitions

In regulation 4 of the Principal Regulations insert the following definitions—

' "appropriate prescribed time" means—

(a)for an application to review a decision to refuse to certify a plan or a failure to certify a plan, the prescribed time under section 6(2); or

(b)for an application to review a decision by a referral authority to refuse to consent to the certification of a plan or to require alterations to a plan, the prescribed time under section 9(1); or

(c)for an application for review of a decision of a Council to require alterations to a plan, the prescribed time under section 10(1); or

(d)for an application for review of a decision by a referral authority to refuse to consent to the amendment of a plan or to require that an amended plan be altered, the prescribed time under section 11(3); or

(e)for an application to review a decision to refuse to re-certify an amended plan or to certify a new plan or of a failure to re-certify an amended plan or to certify a new plan under section 11(7), the relevant prescribed time under that sub-section; or

(f)for an application for review of a decision of a Council or referral authority to refuse to approve an engineering plan or of a failure of a Council or referral authority to approve an engineering plan or of a decision of a Council or referral authority to require an alteration to an engineering plan, the prescribed time under section 15(2);

"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998.'.

6.New regulations 61A, 61B and 61C inserted

After regulation 61 of the Principal Regulations insert—

"61A.Application for leave

An application to the Tribunal under section 36(1)(e) may be made within 30 days after the day on which the applicant gives the owner of the land burdened or to be burdened by the easement to be removed or acquired a notice of intention to apply.

61B.Referral of disputes

An application to the Tribunal under section 39 may be made within 30 days after the day on which the applicant gives to each other party to the dispute a notice of intention to apply or, if different parties are notified on different dates, the day on which the last notice is given.

61C.Applications for review

An application to the Tribunal under section 40 may be made within 30 days after—

(a)for a review of a decision to refuse to issue a statement of compliance, the day on which the applicant is served by post with the notice of the decision; or

(b)for an application for review of a failure to issue a statement of compliance, the 21st day after the day on which the applicant requests the Council to issue the statement of compliance, being a request made at the same time as, or after, the applicant gives the Council—

(i)the prescribed information for the purposes of section 21(1)(a); and

(ii)all the evidence on which the applicant proposes to rely to satisfy the Council that all the requirements of and under Part 3 of the Act and the Planning and Environment Act 1987 that relate to public works have been met or that there is an agreement to secure the compliance with those requirements; or

(c)for an application for review of any other decision to refuse to do a thing or any decision to impose a requirement—

(i)the day on which the applicant is served with written reasons for the decision; or

(ii)if within 7 days after the end of the appropriate prescribed time, the applicant has not received those written reasons, the day on which the applicant becomes aware of the decision; or

(d)for an application to review any other failure to do a thing, 7 days after the day on which the applicant requests the Council or referral authority to do the thing, being a request made after the end of the appropriate prescribed time.".

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ENDNOTES

[1] Reg. 4: S.R. No. 101/2000 as amended by S.R. No. 98/2004.