Who must comply with VIC planning permits (Planning and Environment Act 1987)?

Vic planning permits required for most development under Planning Schemes.

The Planning and Environment Act 1987 (Vic) controls the use and development of land through planning schemes. Where a planning scheme requires a permit, the use or development must not start until a permit is granted by the responsible authority, which is the municipal council for land in its district unless the scheme names another person, or the Minister for land outside a municipal district (s 13). Permits can carry conditions (s 62), and the responsible authority can enter into agreements about the land under s 173. A permit lapses if a development does not start within the time it specifies or, if none, within 3 years of issue, or is not completed within 5 years (s 68). Using or developing land in breach of a planning scheme, permit or s 173 agreement is an offence by the person, and also by the owner and the occupier of the land (s 126).

Applies only if you propose development requiring consent or a permit. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Any person who uses or develops land in Victoria, plus the owner and the occupier of the land, who are each separately liable for a contravention on it (s 126). The owner of Crown land is excluded from s 126. Officers of a body corporate can be liable for failing to exercise due diligence (s 128).

What triggers it: Proposing a use or development of land, including subdivision, that the planning scheme does not allow as of right; or carrying on an existing use or development that is subject to permit conditions or a s 173 agreement.

Jurisdiction: Victoria law only. A business with no operations in VIC is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (1 of 35: only if a further fact applies; 34 of 35: no).

Structure does not change the answer in construction (residential & commercial): for every structure the answer is "only if a further fact applies".

Size does not change the answer in construction (residential & commercial): at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you propose development requiring consent or a permit.

The engine shows this obligation as "check whether this applies" when a business has industry: Construction (residential & commercial). It then applies only if you propose development requiring consent or a permit. That fact is not something Rules Mate can infer from industry, structure or size.

When due

Before the use or development starts; then continuously for as long as the permit conditions or s 173 agreement apply. Start within the time the permit sets (3 years by default) and complete a development within its time (5 years by default) or the permit expires.

Frequency

When a triggering event occurs

Evidence to keep

Planning permit and endorsed plans; evidence that each permit condition has been met; records of the permit's start and completion dates against s 68; s 173 agreements; documents supplied to the responsible authority (false or misleading information is a separate offence under s 126A).

Status

Current

Priority

High

Maximum penalty: Where no other penalty is set, an offence against the Act, including s 126, carries up to 1,200 penalty units or 10 years imprisonment for a natural person and up to 6,000 penalty units for a body corporate, plus up to 120 penalty units (natural person) or 600 penalty units (body corporate) for each day a continuing contravention continues after conviction (s 127). A responsible authority can also seek a civil penalty order (Division 2C) or issue a planning infringement notice (s 130)

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 2: the engine uses the same rule for each.

• NSW development consent (Environmental Planning and Assessment Act 1979)
• QLD development assessment (Planning Act 2016)

Rules Mate tracks 3 published obligations tagged "planning", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority and carries criminal liability, and is triggered by events.

Free tools that help with this obligation:

• Compliance calendar builder