Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 39

General disputes arising under this Act19

39. General disputes arising under this Act19





(1) An owner, an applicant, a Council or a referral authority may apply to the
Victorian Civil and Administrative Tribunal for the determination of a dispute
arising under this Act or the regulations.



(2) Subsection (1) does not apply to a dispute-

   (a)  under section 35 or referred to in Division 5 of Part 5; or



   (b)  that involves a decision or matter referred to in section 149 or 149A
        of the Planning and Environment Act 1987; or





   (c)  relating to an enforcement order under section 114 of that Act; or

   (d)  relating to an agreement under section 173 of that Act; or

   (e)  relating to orders of a Court.

(3) On the application of any person, a referral authority, a responsible
authority or the Minister, the County Court may order that the registration of
a certified plan be stopped if there has been-

   (a)  a material mis-statement or concealment of fact in the application for
        certification or in relation to the statement of compliance under
        section 21; or

   (b)  a material breach of this Act or the regulations or of any other Act
        or regulations or the planning scheme; or

   (c)  any failure to give notice under section 22(1B) when requested to do
        so.



(4) In an urgent case, the Court may make an interim order under subsection
(3) without first giving notice to any person.

(5) Any dispute under section 35 must be referred to the Minister, whose
decision takes the place of the decision of the Council or a referral
authority.