Victorian Consolidated Legislation

Planning and Environment (Planning Schemes) Act 1996 - SECT 23

Issue of permits with schemes

23. Issue of permits with schemes



(1) If-

   (a)  a municipal council prepares a planning scheme under this Part for an
        area; and

   (b)  the municipal council determines under section 96G(1)(c) of the
        Principal Act to recommend to the Minister that a permit be granted
        under Division 5 of Part 4 of the Principal Act-

the municipal council must give the owner and the occupier of land to which
the proposed permit would apply at least 30 days notice of its intention to
recommend to the Minister that a permit be granted under that Division in
respect of the land.

(2) The notice must be accompanied by a copy of the proposed permit.

(3) The Principal Act applies in relation to a planning scheme prepared under
this Part as if-

(a) in section 96E(1)(a) the words "as amended by the proposed amendment" were
omitted; and

   (b)  for section 96G(1)(c) there were substituted-



"(c) the planning authority considers it appropriate that a permit be granted
under this Division for any purpose for which the planning scheme would
require a permit to be obtained.".

(4) Section 96I of the Principal Act applies in relation to a planning scheme
prepared under this Part as if that section permitted the Minister-

   (a)  to grant a permit subject to any conditions the Minister thinks fit,
        if the Minister considers that it is appropriate that a permit be
        granted under that section for any purpose for which the planning
        scheme would require the permit to be obtained; and

   (b)  to grant any permit under that section within 3 months after the date
        of approval of the planning scheme.

(5) If, in relation to a planning scheme prepared under this Part, the
Minister grants a permit under section 96I of the Principal Act for the use of
land or the development and use of land for an extractive industry, the permit
may specify that the permit expires if the use is discontinued for a period
(being not less than 2 years) specified in the permit.

(6) If a permit specifies a period for expiry in accordance with subsection
(5)-

   (a)  the permit expires if the use is discontinued for the period specified
        in the permit; and

   (b)  sections 68(2)(b) and 68(3)(d) of the Principal Act do not apply to
        that permit.