Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 39

Defects in procedure

39. Defects in procedure





(1) A person who is substantially or materially affected by a failure of the
Minister, a planning authority or a panel to comply with Division 1 or 2 or
this Division or Part 8 in relation to an amendment which has not been
approved may, not later than one month after becoming aware of the failure
refer the matter to the Tribunal for its determination.

(2) In addition to any other party to the proceeding the parties to a
proceeding before the Tribunal under this section are-

   (a)  the person who referred the matter to the Tribunal; and

   (b)  the Minister; and

   (c)  the planning authority.

(3) If a matter referred to the Tribunal under this section involves a failure
by a panel to comply with Division 2 or this Division or Part 8 the panel (or
a member of the panel authorised by the panel to act on its behalf) is
entitled to make a written or oral submission to the Tribunal before the
Tribunal completes the hearing of the matter.

(4) The Tribunal may determine a matter referred to it under this section and
may do any one or more of the following-

   (a)  make any declaration that it considers appropriate;





   (b)  direct that-

   (i)  the planning authority must not adopt or approve the amendment or a
        specified part of the amendment; or

   (ii) the Minister must not approve the amendment or a specified part of the
        amendment-

unless the Minister, planning authority or a panel takes action specified by
the Tribunal.

(5) In exercising its jurisdiction under this section the Tribunal cannot vary
a decision made in relation to a matter referred to it or set aside that
decision and make a decision in substitution for the decision so set aside.



* * * * *



(7) An amendment which has been approved is not made invalid by any failure to
comply with Division 1 or 2 or this Division or Part 8.

(8) Except for an application under this section, a person cannot bring an
action in respect of a failure to comply with Division 1 or 2 or this Division
or Part 8 in relation to an amendment which has not been approved.











Division 4-Availability of approved amendments and schemes