s. 41 41 Application for declaration S. 41 amended by (1) A person may apply to the Victorian Civil and No. 47/1989 s. 16, Administrative Tribunal for a declaration repealed by concerning any matter that could form the subject No. 12/1989 of an application to that Tribunal under this Act s. 4(1)(Sch. 2 item 114.1) (as (except an application under section 39). amended by No. 53/1988 (2) On an application under subsection (1) the s. 45 (as amended by Tribunal may make any declaration it thinks No. 47/1989 appropriate in the circumstances. s. 23)), new s. 41 (3) The Tribunal's power to make a declaration under inserted by No. 52/1998 this section is exercisable only by a presidential s. 311(Sch. 1 member of the Tribunal. item 86.6). S. 41A 41A Parties not restricted to grounds previously notified inserted by No. 52/1998 A party in a proceeding for review under this Act s. 311(Sch. 1 is not restricted at the hearing of the proceeding to item 86.6). any grounds previously notified to the other parties (whether in the course of or before the proceeding) or the Victorian Civil and Administrative Tribunal. S. 41B 41B Matters Tribunal must take into account inserted by No. 52/1998 In determining an application under this Act s. 311(Sch. 1 (other than an application under section 39) the item 86.6). Victorian Civil and Administrative Tribunal must— (a) take into account any relevant planning scheme; and S. 41B(b) (b) where appropriate, have regard to any amended by planning scheme or amendment adopted by a No. 81/2004 s. 51. 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
S. 41 amended by No. 47/1989 s. 16, repealed by No. 12/1989 s. 4(1)(Sch. 2 item 114.1) (as amended by No. 53/1988 s. 45 (as amended by No. 47/1989 s. 23)), new s. 41 inserted by No. 52/1998 s. 311(Sch. 1 item 86.6). 41 Application for declaration (1) A person may apply to the Victorian Civil and Administrative Tribunal for a declaration concerning any matter that could form the subject of an application to that Tribunal under this Act (except an application under section 39). (2) On an application under subsection (1) the Tribunal may make any declaration it thinks appropriate in the circumstances. (3) The Tribunal's power to make a declaration under this section is exercisable only by a presidential member of the Tribunal. S. 41A inserted by No. 52/1998 s. 311(Sch. 1 item 86.6). 41A Parties not restricted to grounds previously notified A party in a proceeding for review under this Act is not restricted at the hearing of the proceeding to any grounds previously notified to the other parties (whether in the course of or before the proceeding) or the Victorian Civil and Administrative Tribunal. S. 41B inserted by No. 52/1998 s. 311(Sch. 1 item 86.6). 41B Matters Tribunal must take into account s. 41 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 S. 41B(b) amended by No. 81/2004 s. 51. (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
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