Victorian Consolidated Regulations Victorian Consolidated Regulations(1) For the purposes of section 146(1)(a) of the Act, the prescribed appeal period is—
(a) in the case of an appeal against the refusal of a permit, an amendment, an application or an approval—30 days after the day the applicant is notified of the refusal; or
(b) in the case of an appeal against the deemed refusal of a permit or an application—30 days after the day the permit or application is deemed under the Act to have been refused; or
(c) in the case of an appeal against the imposition of a condition on a permit or an approval—30 days after the day the permit is given or the approval is issued; or
(d) in the case of an appeal against the amendment of a permit or an approval—30 days after the day the owner of the building or land to which the permit relates is notified of the amendment; or
(e) in the case of an appeal against a requirement of a reporting authority or relevant building surveyor to give more information about a permit application or to amend a permit application—30 days after the day the applicant is notified of the requirement; or
(f) in the case of an appeal against a refusal by a person or body to make a determination or exercise a discretion under a condition of a permit—30 days after the day the applicant is notified of the refusal; or
(g) in the case of an appeal against a decision to issue a permit that differs from, or fails to implement, a reporting authority's recommendations in a report on the application for the permit—30 days after the day the reporting authority receives notification of the issue of the permit from the relevant building surveyor; or
(h) in the case of an appeal against a direction to fix building work under Division 2 of Part 4 of the Act—7 days after the day the person is given the written direction under section 37C(b) or 37D(2) of the Act; or
(i) in a case of an appeal against the cancellation of an approval under section 71 of the Act—30 days after the day the owner of the building or land concerned is notified of the cancellation; or
(j) in a case of an appeal against the refusal of the Authority to consent to the termination of a building surveyor's appointment under section 81(1) of the Act—30 days after the day the owner or the relevant building surveyor (as the case requires) is notified of the Authority's refusal; or
(k) in the case of an appeal against the refusal of the Authority to consent to the proposed appointment of a private building surveyor or municipal building surveyor under section 81(4) of the Act—30 days after the day the owner or the private building surveyor or municipal building surveyor (as the case requires) is notified of the Authority's refusal; or
(l) in the case of an appeal against a determination under section 87(1) of the Act as to the appropriateness of protection work—14 days after the day the owner and the adjoining owner is given notice of the determination; or
(m) in the case of an appeal against a declaration made under section 89(1) of the Act—30 days after the day the owner or the adjoining owner (as the case requires) is given notice of the declaration; or
(n) in the case of an appeal against a requirement made under section 87 of the Act to give more information—14 days after the day the owner is asked to give more information under section 87(2)(a) of the Act; or
(o) in the case of an appeal against a decision to serve a building notice on an owner—30 days after the day the building notice is served on the owner; or
(p) in the case of an appeal against the making of an emergency order or a building order—30 days after the day the order is served on the person to whom it is directed; or
(q) in the case of an appeal against the imposition of a condition on an emergency order or a building order—30 days after the day the order is served on the person to whom it is directed; or
(r) in the case of an appeal against a refusal to amend or cancel an emergency order or a building order—30 days after the day the owner is notified of the refusal or the day the relevant building surveyor is deemed to have refused to amend or cancel the order; or
(s) in the case of an appeal against a requirement that an order made under the Act be fully complied with—30 days after the day the owner is notified of the requirement; or
(t) in the case of an appeal against a decision of the Authority under section 42 or 43 of the Building and Construction Industry Security of Payment Act 2002 —30 days after the day the Authority makes the decision; or
(u) in the case of an appeal against
a failure
by a person or body to make a decision, a determination, an
approval, a cancellation or an amendment or to exercise a discretion within a
reasonable time—60 days after the request was made to the person or body
to make the decision, determination, approval, cancellation or amendment
or to exercise the discretion; or
(v) in the case of an appeal against any other decision, determination, declaration or approval or exercise of discretion by a person or body—30 days after the day notification is given of the decision, determination, declaration or approval or exercise of discretion; or
(w) in any other case—30 days after the day of the event in relation to which the appeal is brought.
(2) If an appeal period prescribed under this regulation begins on the day on which a person is notified under the Act or these Regulations but the notice has not been so given, the prescribed appeal period for the purposes of section 146(1)(a) of the Act is—
(a) 37 days after the day of the event that required that notification to be given; or
(b) any longer period that the Building Appeals Board considers appropriate in the circumstances.