Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 149A

Application by specified person for declaration

149A. Application by specified person for declaration



(1) A specified person may apply to the Tribunal for the determination of a
matter if-

   (a)  the matter relates to the interpretation of the planning scheme or a
        permit in relation to land or a particular use or development of land;

   (b)  the matter relates to whether section 6(3) applies to a particular use
        or development of land; or

   (c)  the matter relates to a provision of a planning scheme or amendment
        permitting the continuation of a use lawfully existing before the
        coming into operation of the planning scheme or amendment, or
        permitting the use of buildings or works for a purpose for which they
        were lawfully erected or carried out before the coming into operation
        of the planning scheme or amendment.

(2) The Tribunal may determine the matter and may do one or both of the
following-

   (a)  make any declaration that it considers appropriate;

   (b)  direct a specified body to take, or refrain from taking, action
        specified by the Tribunal.

(3) The responsible authority is a party to any proceedings under this
section.

(4) The Tribunal's power under this section is exercisable only by a
presidential member of the Tribunal or a member of the Tribunal who is an
Australian lawyer (within the meaning of the Legal Profession Act 2004).