Victorian Current Acts

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BUILDING ACT 1993 - SECT 29B

Suspension of demolition permit pending amendment of planning scheme

    (1)     If—

        (a)     the report and consent of the responsible authority as reporting authority under section 29A has been sought in relation to an application for a building permit; and

        (b)     during the prescribed time referred to in clause 6A(2) of Schedule 2—

              (i)     an application is made to the Minister for an exemption under section 20(1) of the Planning and Environment Act 1987 in respect of an amendment to the planning scheme affecting the land; or

              (ii)     if a request is made to the Minister to prepare an amendment to a planning scheme affecting the land and to exempt himself or herself under section 20(4) of the Planning and Environment Act 1987 from certain requirements in respect of that amendment—

the responsible authority must give written notice without delay to the relevant building surveyor of the application or request.

    (2)     On receipt of a notice under subsection (1) the relevant building surveyor must suspend consideration of the application for the building permit.

    (3)     The responsible authority must give written notice to the relevant building surveyor without delay of—

        (a)     the withdrawal of an application or request referred to in subsection (1)(b); or

        (b)     the refusal of an application or request referred to in subsection (1)(b); or

        (c)     the coming into operation of an amendment referred to in subsection (1)(b); or

        (d)     the lapsing of an amendment referred to in subsection (1)(b).

    (4)     The prescribed time within which the relevant building surveyor must decide an application for a permit—

        (a)     ceases to run at the time that notice affecting the application is received by the relevant building surveyor under subsection (1); and

        (b)     recommences to run only when notice affecting the application is received by the relevant building surveyor under subsection (3).

    (5)     If a notice of an amendment has been given to the relevant building surveyor under subsection (3)(c) the relevant building surveyor must, in considering under section 24 whether a building permit is consistent with any relevant planning permit, consider the requirements of the relevant planning scheme as amended by the amendment.

Division 5—Register and records

S. 30 amended by No. 71/1995 s. 4(a).



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