Victorian Numbered Acts

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PLANNING AND ENVIRONMENT AMENDMENT (GENERAL) ACT 2013 (NO. 3 OF 2013) - SECT 30

Notice to referral authority

    (1)     In section 76A of the Planning and Environment Act 1987 , after "relevant" insert "determining".

    (2)     At the end of section 76A of the Planning and Environment Act 1987 insert

    "(2)     The responsible authority must give a recommending referral authority a notice in the prescribed form of its decision to grant an amendment to a permit if—

        (a)     the recommending referral authority objected to the grant of the amendment to the permit; or

        (b)     the responsible authority decided not to include a condition on the amended permit recommended by the recommending referral authority.

    (3)     A notice given under subsection (2) must set out any conditions to which the permit will be subject.

    (4)     The responsible authority must give a recommending referral authority a notice in the prescribed form of its decision to refuse to grant an amendment to a permit if—

        (a)     the recommending referral authority objected to the grant of the amendment to the permit; or

        (b)     the recommending referral authority recommended that a condition be included on the amended permit.

    (5)     A notice given under subsection (4) must set out the specific grounds on which the application is refused and state whether the grounds were those of the responsible authority or a determining referral authority.

    (6)     The responsible authority must give a recommending referral authority a copy of any amended permit, if it decides to grant an amendment to the permit, and a copy of any notice given under section 64 or 76 if—

        (a)     the recommending referral authority did not object to the grant of the amendment to the permit; or

        (b)     the recommending referral authority did not recommend a condition be included on the amended permit.".



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