Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987 - SECT 82B

Affected person may seek leave to apply for review

S. 82B(1) amended by No. 52/1998 s. 191(4)(e)(i).

    (1)     Any person who is affected may apply to the Tribunal for leave to apply for review of a decision of the responsible authority to grant the permit in any case in which a written objection to the grant of the permit was received by the responsible authority.

S. 82B(2) amended by No. 52/1998 s. 191(4)(e)(ii).

    (2)     Subject to subsection (3), the Tribunal must give the applicant for the permit, the responsible authority and the affected person an opportunity to be heard before making a decision.

S. 82B(3) substituted by No. 52/1998 s. 191(6).

    (3)     The Tribunal is not required to hold a hearing under subsection (2) if the applicant for the permit consents to the request for leave to apply for review.

S. 82B(4) amended by Nos 72/1998 s. 8(b), 101/1998 s. 27.

    (4)     The Tribunal may grant the leave to apply for review if it believes it would be just and fair in the circumstances to do so.

S. 82B(5) substituted by No. 52/1998 s. 191(7).

    (5)     If leave is granted by the Tribunal, the person affected may apply to the Tribunal for review of the decision of the responsible authority to grant the permit.

    (6)     This section does not apply if—

S. 82B(6)(a) amended by No. 52/1998 s. 191(8).

        (a)     the decision on the application for a permit is exempted from section 82(1) ; or

S. 82B(6)(b) amended by No. 52/1998 s. 191(8).

        (b)     a permit has been issued under section 63 in respect of the application for a permit.

S. 83 amended by No. 86/1989 s. 11, substituted by No. 52/1998 s. 184.



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