Untitled document

Planning and Environment (Amendment) Regulations 2004

S.R. No. 97/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Commencement

3.Authorising provision

4.Service of notices and documents

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 97/2004

Planning and Environment Act 1987

Planning and Environment (Amendment) Regulations 2004

The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:

Dated: 27 July 2004

Responsible Minister:

MARY DELAHUNTY
Minister for Planning

DIANE CASEY

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Planning and Environment Regulations 1998 to prescribe a new method for delivery of electronic documents and notices.

2.Commencement

These Regulations come into operation on 1 August 2004.

3.Authorising provision

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

4.Service of notices and documents

(1)In regulation 40 of the Planning and Environment Regulations 1998[1]—

(a)in paragraph (b), for "electronic mail or facsimile machine" substitute "electronic communication or facsimile machine; and";

(b)after paragraph (b) insert—

"(c)if the person required to give or serve the notice or document (the notifier) has taken reasonable steps to ensure that the person to be given or served with the notice or document (the recipient) has suitable arrangements for the receipt of electronic communications and has agreed to receive the notice or document by electronic communication in accordance with this paragraph, by—

(i)making the notice or document available on the notifier's electronic address or an electronic address appointed by the notifier for retrieval by electronic communication by the recipient; and

(ii)promptly notifying the recipient by electronic communication that the notice or document is available for retrieval on that address and the nature of the notice or document.".

(2)At the end of regulation 40 of the Planning and Environment Regulations 1998 insert—

'(2)In this regulation "electronic communication" has the same meaning as it has in the Electronic Transactions (Victoria) Act 2000.'.

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[1] Reg. 4: S.R. No. 8/1998.