(1) An owner, an applicant, a Council or a referral S. 39(1) authority may apply to the Victorian Civil and amended by No. 48/1991 Administrative Tribunal for the determination of a s. 35(a), dispute arising under this Act or the regulations. substituted by No. 52/1998 s. 311(Sch. 1 item 86.3). (2) Subsection (1) does not apply to a dispute— (a) under section 35 or referred to in Division 5 S. 39(2)(a) amended by of Part 5; or No. 69/2006 s. 214(2). S. 39(2)(b) (b) that involves a decision or matter referred to amended by in section 149 or 149A of the Planning and No. 92/1989 s. 7(e), Environment Act 1987; or substituted by No. 52/1998 s. 311(Sch. 1 item 86.4). (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 S. 39(3)(c) substituted by section 22(1B) when requested to do so. No. 48/1991 s. 35(b).
S. 39(1) amended by No. 48/1991 s. 35(a), substituted by No. 52/1998 s. 311(Sch. 1 item 86.3). (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— S. 39(2)(a) amended by No. 69/2006 s. 214(2). (a) under section 35 or referred to in Division 5 of Part 5; or S. 39(2)(b) amended by No. 92/1989 s. 7(e), substituted by No. 52/1998 s. 311(Sch. 1 item 86.4). (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 S. 39(3)(c) substituted by No. 48/1991 s. 35(b). (c) any failure to give notice under section 22(1B) when requested to do so.
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