Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 75A

Amendment of permits under the Planning and Environment Act 1987

75A. Amendment of permits under the Planning and Environment Act 1987



(1) If-

   (a)  there is an existing permit under the
        Planning and Environment Act 1987 for the use or development of land
        for the purposes of-

   (i)  the operation of a brothel; or

   (ii) a massage parlour and the land is used for the purposes of the
        operation of a brothel; and

   (b)  an application or request for the amendment of that permit is made;
        and

   (c)  the amendment would have the effect of expanding or extending the use
        or development of the land for the purposes of the operation of the
        brothel-

the responsible authority or the Tribunal (as the case requires) must
determine the application or request for the amendment in accordance with this
Part as if it were an application for a permit for the use or development of
the land for the purposes of the operation of a brothel.

(2) This section applies to the amendment of a permit whether the permit was
granted before, on or after 14 June 1995.

(3) If an application or request for an amendment of a permit was made but not
determined before the commencement of section 3 of the Prostitution Control
(Planning) Act 2000, that application must be determined in accordance with
this section.

(4) In this section-

amendment means-

   (a)  an amendment under Division 3 of Part 4 of the
        Planning and Environment Act 1987;

   (b)  an amendment under Division 1A of Part 4 of the
        Planning and Environment Act 1987;

   (c)  an amendment to which section 216 of the
        Planning and Environment Act 1987 applies;

   (d)  an amendment under a condition on a permit under the
        Planning and Environment Act 1987.