Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 40

Review of refusal or failure to decide

40. Review of refusal or failure to decide



(1) An applicant may apply to the Victorian Civil and Administrative Tribunal
for review of-

   (a)  a decision of a Council to refuse to-

   (i)  certify or re-certify a plan; or

   (ii) approve an engineering plan; or

   (iii) issue a statement of compliance; or

   (b)  a decision of a referral authority to-

   (i)  refuse to consent to the certification or amendment of a plan; or

   (ii) refuse to approve an engineering plan; or

   (iii) make a requirement under section 44(3F); or

   (c)  a decision of a Council or referral authority to require alterations
        to a plan or an engineering plan; or

   (d)  a decision of a Council or referral authority to require the applicant
        to enter into an agreement under section 17(2)(c) or 21(1)(b)(ii).

(2) An owner who requests the Council or a referral authority to make a
statement under section 36 or has applied for a permit or requested a permit
to be amended may apply to the Victorian Civil and Administrative Tribunal for
review of a decision of the Council or referral authority to refuse to make
the statement.

(3) A reference in subsection (2) to a decision to refuse to make a statement
includes a reference to a failure to make the statement within the prescribed
time.

(4) A reference in subsection (1) or (2) to a decision to refuse to do a thing
includes a reference to a failure to do that thing.

(5) An applicant under section 44(4A), (5), (5A) or (5B) may apply to the
Victorian Civil and Administrative Tribunal for review of a refusal of the
Council to consent to the application.

(6) Without limiting its powers on review, if the Tribunal finds that a
Council or referral authority has unreasonably refused or failed to take any
action, the Tribunal may order that the action be carried out by another
person, wholly or partly, at the cost of the Council or referral authority.