Application for leave to appeal from orders of the Victorian Civil and Administrative Tribunal
Victorian Civil and Administrative Tribunal Act, s 148
Quick Take
1The composite phrase 'engineering plan' in s 15 of the Subdivision Act 1988 (Vic) is defined by the content of the plan — whether it shows, by reference to specifications and methodologies, precisely what and/or how required works will be constructed — and not by the purpose for which the plan was prepared or the label given to it; a plan prepared to satisfy a landscape condition on a planning permit is not thereby disqualified from also being an engineering plan.
2The phrase 'to the land' in the definition of 'works' in s 17(6) of the Subdivision Act 1988 (Vic) encompasses works both within and external to the boundary of the land to be subdivided; it does not confine supervisable works to those leading up to but not beyond the subdivision boundary.
3The word 'and' between sub-paragraphs (a) and (b) of s 17(6) of the Subdivision Act 1988 (Vic) is conjunctive, meaning works must satisfy both limbs — being required to provide roads or public utility services to the land, and being or becoming the responsibility of the council or referral authority after the maintenance period — before a supervision fee may be charged.
