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PARLIAMENT OF VICTORIA
Victorian Civil and Administrative Tribunal
(Planning Proceedings) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New section 162 inserted 2
162. Validation 2
4. Constitution of Tribunal 2
ENDNOTES 4
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541296B.I1-15/5/2002 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 9 May 2002
A BILL
to amend the Victorian Civil and Administrative Tribunal Act
1998 in relation to the constitution of the Tribunal for the purposes of
proceedings under a planning enactment, to validate certain things
done by the Tribunal and for other purposes.
Victorian Civil and Administrative
Tribunal (Planning Proceedings) Act
2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Victorian
Civil and Administrative Tribunal Act 1998 in
relation to the constitution of the Tribunal for the
5 purposes of proceedings under a planning
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Victorian Civil and Administrative Tribunal (Planning
Proceedings) Act 2002
s. 2
Act No.
enactment and to validate certain things done by
the Tribunal.
2. Commencement
This Act comes into operation on the day on
5 which it receives the Royal Assent.
3. New section 162 inserted
After section 161 of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
See:
"162. Validation Act No.
53/1998.
10 (1) Anything done or purported to have been Reprint No. 2
done under this Act or a planning enactment as at
15 July 2001
by the Tribunal before the commencement of and
the Victorian Civil and Administrative amending
Act Nos
Tribunal (Planning Proceedings) Act 98/2000,
15 2002, that would have been validly done had 2/2001,
68/2001 and
section 4 of the Victorian Civil and 96/2001.
Administrative Tribunal (Planning LawToday:
www.dms.
Proceedings) Act 2002 been in operation at dpc.vic.
the time at which the thing was done or gov.au
20 purported to have been done, has and is
deemed always to have had, the same force
and effect as it would have had if that section
had been in operation at the time at which
the thing was done or purported to be done.
25 (2) Nothing in sub-section (1) affects the rights
of the parties in the proceeding in the
Supreme Court known as The Warehouse
Group v Bevendale (No. 8757 of 2001).".
4. Constitution of Tribunal
30 In Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998, in clause 52,
for sub-clause (1) substitute--
"(1) The Tribunal is to be constituted for the purposes of a
proceeding under a planning enactment by--
35 (a) one member--
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Victorian Civil and Administrative Tribunal (Planning
Proceedings) Act 2002
s. 4
Act No.
(i) who has sound knowledge of, and
experience in, planning or environmental
law in Victoria; or
(ii) who has sound knowledge of, and
5 experience in, planning or environmental
practice in Victoria; or
(b) if it is constituted by 2 members, at least one
member--
(i) who has sound knowledge of, and
10 experience in, planning or environmental
law in Victoria; or
(ii) who has sound knowledge of, and
experience in, planning or environmental
practice in Victoria; or
15 (c) if it is constituted by 3, 4 or 5 members, at least
2 members each of whom has--
(i) sound knowledge of, and experience in,
planning or environmental law in
Victoria; or
20 (ii) sound knowledge of, and experience in,
planning or environmental practice in
Victoria.".
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Victorian Civil and Administrative Tribunal (Planning
Proceedings) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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