Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 30

When does an amendment lapse?

30. When does an amendment lapse?



(1) An amendment or part of an amendment lapses-

   (a)  at the end of two years after the date of publication of the notice in
        the Government Gazette under section 19(3) unless-

   (i)  the planning authority adopts it within that period; or

   (ii) the Minister allows a longer period for the adoption of the amendment;
        or

   (b)  at the end of any period which the Minister allows unless the planning
        authority adopts it within that period; or

   (c)  when the planning authority notifies the Minister in writing that it
        has abandoned the amendment or part; or





   (d)  when the Minister refuses to approve it under this Act.

Note An amendment may also lapse under Part 3AA.

(2) When an amendment has lapsed under subsection (1)(b), (c) or (d), the
Minister must publish a notice in the Government Gazette setting out the date
on which the amendment or part lapsed.

(3) The publication of the notice under subsection (2) is conclusive proof of
the date that the amendment lapsed.

(4) If any person asks the Minister or a planning authority a question as to
whether an amendment or part of an amendment has lapsed under subsection
(1)(a), the Minister or planning authority must, without delay-

   (a)  tell the person-

   (i)  whether or not the amendment or part has lapsed; and

   (ii) if relevant, of any longer period allowed under subsection (1)(a)(ii);
        and

   (b)  confirm the information in writing if so requested.