Victorian Numbered Acts

BUILDING AND PLANNING LEGISLATION AMENDMENT (GOVERNANCE AND OTHER MATTERS) ACT 2013 (NO. 34 OF 2013) - SECT 36

See:
Act No.
3/2013.
Statute Book:
www.
legislation.
vic.gov.au

For section 33 of the Planning and Environment Amendment (General) Act 2013 substitute —

        '     33     Parties to review

    (1)     For section 83(1) of the Planning and Environment Act 1987 substitute —

    "(1)     In addition to any other party to a proceeding for review under this Act, a determining referral authority is a party to a proceeding for review—

        (a)     of a refusal to grant a permit if—

              (i)     the determining referral authority had objected to the grant of the permit; or

              (ii)     it was refused because a condition required by the determining referral authority conflicted with a condition recommended by a recommending referral authority or required by another determining referral authority; and

        (b)     of a permit condition if the determining referral authority had required that the condition be included on the permit.".

    (2)     After section 83(2) of the Planning and Environment Act 1987 insert —

    "(3)     In addition to any other party to a proceeding for review under this Act, a recommending referral authority is a party to a proceeding for review if the recommending referral authority is given notice of the application for review under this Act.".'.

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PART 6—REPEAL OF AMENDING ACT