Victorian Current Acts

PLANNING AND ENVIRONMENT (PLANNING SCHEMES) ACT 1996 - SECT 26

    (1)     If before the commencement of a new planning scheme prepared under this Part—

        (a)     the responsible authority had decided an application for a permit under the Principal Act in respect of land to which the new planning scheme applies; and

        (b)     an appeal against the decision had not been lodged before that commencement and the time for lodging had not expired; and

        (c)     an appeal is made to the Administrative Appeals Tribunal against that decision after that commencement—

the new planning scheme as in force at the date of the determination by the Tribunal applies to the hearing and determination of the appeal.

    (2)     If before the commencement of a new planning scheme prepared under this Part—

        (a)     the responsible authority had decided an application for a permit under the Principal Act in respect of land to which the new planning scheme applies; and

        (b)     an appeal had been lodged but not determined before that commencement—

the new planning scheme as in force at the date of the determination by the Tribunal applies to the hearing and determination of the appeal.

    (3)     If on an appeal referred to in this section, the Tribunal determines that a permit should be granted, the new planning scheme as in force for the time being applies to the grant of the permit and anything done under or in relation to the permit.

S. 27 amended by No. 77/2003 s. 11 (ILA s. 39B(1)).