Version No. 001
Administrative Appeals Tribunal (Planning Appeals) Regulations 1997
S.R. No. 87/1997
Version as at 26 August 1997
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1.Objective
2.Authorising provisions
3.Definitions
Part 2—Institution of Appeals
Division 1—Appeals under the Subdivision Act 1988
4.Definitions
5.Application for leave—section 36
6.Referral of disputes—section 39
7.Appeals—section 40
Division 2—Appeals under the Planning and Environment Act 1987
8.Definition
9.Action under section 39(1) of the Act
10.Appeal under section 77 of the Act
11.Appeal under section 78(a) of the Act
12.Appeal under section 78(b) of the Act
13.Appeal under section 79 of the Act
14.Appeal under section 80 of the Act
15.Appeal under section 81 of the Act
16.Appeal under section 82(1) of the Act
17.Requests under sections 87 and 89 of the Act
18.Application under section 114 of the Act
19.Application under section 184 of the Act
Division 3—Appeals under the Environment Protection Act1970
20.Appeals under the Environment Protection Act
Part 3—Forms
21.Forms
22.Notice to be signed
23.Form of statement under section 33(2)
24.Form of statement under section 36(1)
Part 4—General
25.Savings
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SCHEDULE 1
Form 1—Notice of Appeal
Form 2—Claim
Form 3—Application for Declaration
Form 4—Statement Relating to Appeal
Form 5—Statement of the Grounds to be Relied On by Objector
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Administrative Appeals Tribunal (Planning Appeals) Regulations 1997
S.R. No. 87/1997
Version as at 26 August 1997
1
Administrative Appeals Tribunal (Planning Appeals) Regulations 1997
S.R. No. 87/1997
Part 1—Preliminary
1.Objective
The objective of these Regulations is to remake with amendments the Administrative Appeals Tribunal (Planning Appeals) Regulations 1987.
2.Authorising provisions
These Regulations are made under sections 31(1) and 66 of the Administrative Appeals Tribunal Act 1984, section 43 of the Subdivision Act 1988, section 202 of the Planning and Environment Act 1987 and sections 33 and 36 of the Planning Appeals Act 1980.
3.Definitions
Words and expressions used in these Regulations and defined in the Planning Appeals Act 1980 have the same meaning as in that Act.
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Part 2—Institution of Appeals
Division 1—Appeals under the Subdivision Act 1988
4.Definitions
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In this Division—
"Act" means the Subdivision Act 1988;
"appropriate prescribed time" means—
(a)for an appeal against a refusal or failure to certify a plan, the prescribed time for the purpose of section 6(2) of the Act; or
(b)for an appeal against a refusal to consent to a plan or against a requirement of a referral authority that a plan be altered, the prescribed time for the purpose of section 9(1) of the Act; or
(c)for an appeal against a requirement of a Council that a plan be altered, the prescribed time for the purpose of section 10(1) of the Act; or
(d)for an appeal against a refusal to consent to the amendment of a plan or against a requirement of a referral authority that an amended plan be altered, the prescribed time for the purpose of section 11(3) of the Act; or
(e)for an appeal against a refusal or failure to re-certify an amended plan or to certify a new plan under section 11(7) of the Act, the prescribed time for the purpose of that sub-section; or
(f)for an appeal against a refusal or failure of a Council or referral authority to approve an engineering plan or against a requirement of a Council or referral authority that an engineering plan be altered, the prescribed time for the purpose of section 15(2) of the Act;
"Council" means the Council of the municipal district in which the land in the plan is located.
5.Application for leave—section 36
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(1)An owner may apply to the Tribunal for leave under section 36 of the Act by lodging an application with the Registrar with a copy of any relevant plan or document and serving a copy of the application and the plan or document on the Registrar of Titles, the Council and, if section 36(1)(e) of the Act applies, the owner served with a notice of intention to apply referred to in sub-regulation (2).
(2)An application under section 31(1)(e) may be made within 30 days after the day on which the applicant gives to the owner of the land burdened or to be burdened by the easement to be removed or acquired a notice of intention to apply.
(3)The application must contain—
(a)the name and address of the applicant; and
(b)the date on which the applicant gave noticeof intention to apply under sub-regulation (2); and
(c)the name of the municipal district in which the land the subject of the application is located; and
(d)a description (sufficient for identification) of the land burdened or benefited or to be burdened or benefited by the easement to be removed or acquired; and
(e)the names and addresses of the owners of the land referred to in paragraph (d); and
(f)the statement of the Councilor referral agency under section 36(1) of the Act; and
(g)a statement that the application is made under section 36 of the Act; and
(h)a statement indicating whether leave is sought to remove a right of way or to remove or acquire the easement.
(4)At or before the hearing of an application under section 36 of the Act, the Registrar of Titles or a person nominated by the Registrar of Titles, may make a written or oral submission on the application to the Tribunal and the Tribunal may take that submission into account in making its determination.
6.Referral of disputes—section 39
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(1)An owner, an applicant under the Act, a Council or a referral authority may refer a dispute to the Tribunal under section 39 of the Act by—
(a)lodging with the Registrar a notice of referral and a copy of any relevant plan, agreement or document; and
(b)serving a copy of the notice of referral and the plan, agreement or document on each other party to the dispute.
(2)A person may refer a dispute under section 39 of the Act within 30 days after the day on which the person gives to each other party to the dispute notice of intention to refer the dispute or, if different parties are notified on different dates, the day on which the last notice is given.
(3)The notice of referral must contain—
(a)the name and address of the person who referred the dispute; and
(b)the name and address of each party to the dispute; and
(c)a description of any land to which the dispute relates that is sufficient to identify the land; and
(d)the date or dates on which the person gave notice of intention to refer under sub-regulation (2); and
(e)a description of the nature of the dispute and the remedy sought; and
(f)a statement that the dispute is referred under section 39 of the Act.
7.Appeals—section 40
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(1)An appeal under section 40 of the Act may be instituted by—
(a)lodging with the Registrar a notice of appeal and any relevant plan, agreement or other document; and
(b)serving a copy of the notice; plan, agreement or document on
(i)the person or body whose refusal, failure or requirement is the subject of the appeal; and
(ii)if that person or body is not the Council, the Council.
(2)The appeal may be instituted within 30 days after—
(a)for an appeal against a refusal to issue a statement of compliance, the day on which the appellant becomes aware of the refusal; or
(b)for an appeal against a failure to issue a statement of compliance, the 21st day after the day on which the appellant requests the Council to issue the statement of compliance, being a request made at the same time as, or after, the appellant gives to the Council—
(i)the prescribed information for the purposes of section 21(1)(a) of the Act; and
(ii)all the evidence on which the appellant 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 workshave been met or that there is an agreement to secure compliance with those requirements; or
(c)for an appeal against any other refusal or against a requirement—
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(i)the day on which the appellant receives written reasons for the refusal or requirement; or
(ii)if within 7 days after the end of the appropriate prescribed time, the appellant has not received those written reasons, the day on which the appellant becomes aware of the refusal or requirement; or
(d)for an appeal against any other failure to take action, the 7th day after the day on which the appellant requests the Council or referral authority to take the action, being a request made at or after the end of the appropriate prescribed time.
(3)The notice of appeal must contain—
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(a) the name and address of the appellant; and
(b)the name of the Council or referral authority to which the appeal relates; and
(c)a description of the land to which the appeal relates that is sufficient to identify the land; and
(d)details of all dates relevant to determine the period within which the appeal may be instituted, including, but not limited to the following—
(i)the date on which the appellant received written reasons for the refusal or requirement appealed against;
(ii)the date on which the appellant became aware of the refusal or requirement appealed against;
(iii)the date on which the appellant made any request relevant to the appeal;
(iv)the date on which the appropriate prescribed time ended;
(v)the date or dates on which the appellantgave to the Council information and evidence referred to insub-regulation (2)(b); and
(e)a statement of the grounds of the appeal; and
(f)a statement of the precise provision of the Act under which the appeal is made.
(4)For the purposes of section 40(4) of the Act—
(a)a Council or referral authority must notify the Registrar of its decision by lodging with the Registrar a notice giving details of the decision, within 14 days after the day on which the decision is made; and
(b)the Registrar must notify the appellant by serving on the appellant a copy of any notice lodged under paragraph (a) within 14 days after the date of lodgment of the notice.
(5)For the purpose of section 40(5) of the Act the prescribed time is 14 days after the day on which the appellant is given notice of the decision under sub-regulation (4)(b).
Division 2—Appeals under the Planning and Environment Act 1987
8.Definition
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In this Division "Act" means the Planning and Environment Act 1987.
9.Action under section 39(1) of the Act
(1)A person may refer a matter under section 39(1) of the Act by lodging a notice of referral with the Registrar within 30 days after the person became aware of the alleged failure to comply.
(2)A notice of referral under sub-regulation (1) must contain—
(a)the person's name and address; and
(b)the date on which the person became aware of the alleged failure to comply; and
(c)the name of the Minister, planning authority or panel alleged to have failed to comply with Division 1, 2 or 3 of Part 3 or Part 8 of the Act; and
(d)a short description of the alleged failure; and
(e)a statement of how the person bringing the action has been substantially or materially affected by the alleged failure.
10.Appeal under section 77 of the Act
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An applicant for a permit may appeal under section 77 of the Act by lodging a notice of appeal with the Registrar within 60 days after the responsible authority gave notice under section 65 of the Act.
11.Appeal under section 78(a) of the Act
An applicant for a permit may appeal under section 78(a) of the Act by lodging a notice of appeal with the Registrar within 30 days after the responsible authority required the applicant to give notice under section 52(1)(d) of the Act.
12.Appeal under section 78(b) of the Act
An applicant for a permit may appeal under section 78(b) of the Act by lodging a notice of appeal with the Registrar within 60 days after the responsible authority required the applicant to provide more information under section 54(1) of the Act.
13.Appeal under section 79 of the Act
An applicant for a permit may appeal under section 79 of the Act by lodging a notice of appeal with the Registrar.
14.Appeal under section 80 of the Act
An applicant for a permit may appeal under section 80 of the Act by lodging a notice of appeal with the Registrar within 60 days after—
(a)the permit was issued; or
(b)the responsible authority gave notice under section 64 of the Act.
15.Appeal under section 81 of the Act
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A person may appeal under section 81 of the Act by lodging a notice of appeal with the Registrar within 60 days after—
(a)the decision of the responsible authority referred to in section 81(a) or (aa) of the Act; or
(b)the failure of the responsible authority to extend the time within one month after the request for extension is made referred to in section 81(b) of the Act.
16.Appeal under section 82(1) of the Act
An objector may appeal under section 82(1) of the Act by lodging a notice of appeal with the Registrar within 21 days after the responsible authority gave notice to the objector under section 64 of the Act.
17.Requests under sections 87 and 89 of the Act
(1)A request under section 87(3) or 89 of the Act must be lodged with the Registrar.
(2)A request referred to in sub-regulation (1) must include—
(a)the name and address of the person making the request; and
(b)whether the request is made as the responsible authority, a person under section 89 of the Act, a referral authority or the owner or occupier of the land; and
(c)a description of the land sufficient to readily identify it; and
(d)the name of the responsible authority if it is not making the request; and
(e)if known by the person making the request—
(i)the name of any referral authority; and
(ii)if the request is not made by the owner or occupier, the names and addresses of the owner and the occupier of the land; and
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(f)the date on which the person making the request had notice of the facts relied on in support of the request; and
(g)the facts relied on in support of the request.
(3)For the purposes of section 89(2) of the Act, if a request referred to in sub-regulation (1) is made by a person under section 89 of the Act, the request must also include—
(a)if the person was not given notice of the application, why the person believes the person should have been given notice; or
(b)how the person believes the person has been adversely affected by a matter in section 89(1)(b) of the Act.
18.Application under section 114 of the Act
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(1)An application under section 114 of the Act must be lodged with the Registrar.
(2)For the purposes of section 114(2) of the Act the prescribed information an application referred to in sub-section (1) must contain is—
(a)the name and address of the applicant; and
(b)a description of the land sufficient to readily identify it; and
(c)the name of the responsible authority if not the applicant; and
(d)the names and addresses of the owner and the occupier of the land; and
(e)the name and address of each of the persons against whom the order is sought; and
(f)how the use or development contravenes, or will contravene, the Act, a planning scheme, a condition of a permit, or an agreement under section 173 of the Act; and
(g)the nature of the enforcement order applied for.
(3)For the purposes of section 114(2) of the Act, an application under sub-regulation (1) the prescribed manner of verification is—
(a)if the applicant is a responsible authority, by being executed by an officer of the responsible authority authorised for that purpose; or
(b)if the applicant is not the responsible authority, by being signed by the applicant in the presence of an adult witness who signs as a witness and who sets out his or her address.
19.Application under section 184 of the Act
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(1)An application under section 184(1) or (3) of the Act may be lodged with the Registrar within 60days after the applicant was given a copy of the proposed agreement.
(2)An application referred to in sub-regulation (1) must include—
(a)the name and address of the applicant; and
(b)details of the particular provisions objected to in the proposed agreement; and
(c)a statement of any modifications or alterations that the owner is prepared to accept.
(3)An application referred to in sub-regulation (1) must be accompanied by a copy of the proposed agreement.
Division 3—Appeals under the Environment Protection Act1970
20.Appeals under the Environment Protection Act
(1)An appeal under section 33, 33A, 34, 35, 36A, 36B or 36C of the Environment Protection Act 1970 may be instituted by—
(a)lodging a notice of appeal with the Registrar; and
(b)serving a copy of the notice of appeal on the Environment Protection Authority or protection agency, as the case may be.
(2)An appeal under section 33B of the Environment Protection Act 1970 may be instituted by lodging a notice of appeal with the Registrar and serving copies of the notice of appeal—
(a)on the applicant or licence holder, as the case may be; and
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(b)on the Environment Protection Authority or protection agency, as the case may be.
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Part 3—Forms
21.Forms
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(1)Notice of appeal for any appeal under the Planning and Environment Act 1987 must be in Form 1 of Schedule 1
(2)A proceeding under section 15(1), 16 or 157(1) of the Water Act 1989 or section 74(1) of the Water Industry Act 1994 must be in Form 2 of Schedule1.
(3)An application under section 14 of the Planning Appeals Act 1980 must be in Form 3 of Schedule1.
(4)A notice of appeal relating to any appeal, other than an appeal referred to in sub-regulation (1), need not be in any particular form but must be in writing and contain the particulars required by any other provision of these Regulations or, if no particulars are required by any other provision, full particulars of—
(a)the name of the Act and the provision thereof under which the appeal is instituted; and
(b)the precise matter to which the appeal relates; and
(c)the name of the appellant; and
(d)the grounds upon which the appeal is instituted.
(5)Except where a form is prescribed by reference to a Schedule, any action, appeal, application, request or referral to the Planning division must be headed—
"ADMINISTRATIVE APPEALS TRIBUNAL (PLANNING APPEALS) REGULATIONS 1997
ADMINISTRATIVE APPEALS TRIBUNAL OF VICTORIA
PLANNING DIVISION".
22.Notice to be signed
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Subject to any provision in any Act or these Regulations that provides otherwise, an action, an application, a notice of appeal, a request or a referral must be signed by the person taking the action, or making the application, appeal, request or referral or by a person authorised in writing by the person to sign on his, her or its behalf.