Underlying zoning
201 Underlying zoning
S. 201(1) amended by No. 86/1989 s. 25(s).
If—
a planning certificate states that the land is wholly or partly reserved for public purposes under the planning scheme; and
the certificate does not indicate the provisions of the scheme which would have applied to the land if the land had not been reserved—
the applicant for the certificate may apply for the purpose of valuing the land for compensation—
S. 201(1)(c) inserted by No. 86/1989 s. 25(s), amended by No. 128/1993 s. 32(1).
if the land is controlled, whether as committee of management or otherwise, occupied or owned or to be acquired by the responsible authority, to the Minister; or
S. 201(1)(d) inserted by No. 86/1989 s. 25(s).
in the case of any other land, to the person nominated for the purpose of section 198 or, if no person is nominated, to the responsible authority—
for a declaration setting out the provisions of the scheme which would have applied to the land if it had not been reserved.
S. 201(2) amended by No. 86/1989 s. 25(t).
The application must be in the prescribed form and may request that the declaration set out the provisions of the scheme as in force at a date specified in the application.
S. 201(2A) inserted by No. 128/1993 s. 32(2).
An application cannot be made under this section in respect of land which is owned by the Crown or a public authority.
If the responsible authority or nominated person fails to make a declaration within the prescribed time, the applicant may refer the matter to the Minister.
The Minister may make the declaration.
No fee shall be charged for an application or declaration under this section.
Any declaration under this section is to be treated as forming part of the planning certificate for the purposes of section 200.
Pt 9 Div. 8 (Heading and s. 201A) inserted by No. 86/1989 s. 23, amended by No. 128/1993 s. 33.
Division 8—Change of responsible authority or area
S. 201A inserted by No. 86/1989 s. 23.
This provision refers to the regulations (prescribed form
). Made under this Act:
- Planning and Environment (Fees) Regulations 2016 · under section 203
- Planning and Environment Interim Regulations 2026 · under section 202
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