VCAT's principal registrar cannot use s 71 of the VCAT Act to reject an enforcement application under s 114 of the Planning and Environment Act on the basis that the planning permit is 'spent' — that is a merits question, not a jurisdictional one. However, planning permit conditions that are expressed as conditions precedent to the statement of compliance or commencement of works will generally not survive registration of the plan of subdivision. The statement of compliance under s 21 of the Subdivision Act does not have conclusive evidential effect (unlike certification under s 13), but it demonstrates the Council's satisfaction that requirements have been met. Whether a particular permit condition survives registration depends on its construction in the context of the Subdivision Act.
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