Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 41B

Matters Tribunal must take into account

41B. Matters Tribunal must take into account

In determining an application under this Act (other than an application under
section 39) the Victorian Civil and Administrative Tribunal must-

   (a)  take into account any relevant planning scheme; and

   (b)  where appropriate, have regard to any planning scheme or amendment
        adopted by a planning authority under the
        Planning and Environment Act 1987 but not, as at the date the
        application is determined, approved by the Minister or the planning
        authority; and



   (c)  take account of and give effect to any relevant State environment
        protection policy declared in any Order made by the Governor in
        Council under section 16 of the Environment Protection Act 1970; and

   (d)  where appropriate, have regard to any agreement made under section 173
        of the Planning and Environment Act 1987 affecting land the subject of
        the application.