VCAT can hear and determine applications under many and varied categories namely of the law which Civil Lawyers can assist you with. These areas include:
Permit applicant – review of a decision
As a permit applicant you can apply to VCAT to review a decision by a responsible authority – usually a council:
- to refuse to grant a permit under section 77, Planning and Environment Act 1987
- to impose conditions on a permit that are unacceptable to you under section 80, Planning and Environment Act 1987.
You can also apply to VCAT for a decision on your permit application if the responsible authority fails to decide your application within the prescribed time. Make these applications under section 79, Planning and Environment Act 1987. Time limits apply – contact us for advise regarding this.
Statement of grounds
A statement of ground sets out your reasons for contesting a current planning and environment case at VCAT.
You must lodge a statement of grounds by the date stated on the VCAT order and you must fully explain your reasons for contesting the case.
Cancel or amend a permit
A permit holder or a non-permit holder can apply to cancel or amend a permit.
There are limited circumstances when a permit can be cancelled or amended at the request of a non-permit holder. This is because cancelling or amending a permit can seriously affect the permit holder’s right to use and develop the land.
Applications relating to natural resources
VCAT hears and determines disputes relating to the management and use of water and mineral resources such as ores, rocks and sands. For example, disputes about:
- licences to take and use water from a river or stream, or water from under the ground under section 64(1) of the Water Act 1989
- licences for works on a bore, dam or waterway under section 83(1) of the Water Act 1989
- a work plan or work authority in respect of a quarry or the like under section 77TI(1) of the Mineral Resources (Sustainable Development) Act 1990.
Applications to do with unreasonable flow of water between properties
If there is an unreasonable flow of water onto your property or someone interferes with the reasonable flow of water onto your property, and this causes you to suffer loss or damage, you can make an application to us to claiming compensation or seeking an order requiring the other person to do something to stop the unreasonable flow of water or interference. These cases are heard and decided by the Building and Property List as applications to do with Unreasonable flow of water between properties.
Applications relating to rates and charges
VCAT can hear applications in relation to rates, charges and fees under a number of planning and environment enactments. The majority of applications of this type relate to special rates levied by municipalities.
These applications include applications to:
- review a decision to impose a special rate or special charge under section 185 of the Local Government Act 1989
- review a decision in respect of an objection to payments or further payments required in respect of services and connections to property under section 271(3) and 272(2) of the Water Act 1989
- review a fee under the Environment Protection Act on the ground that the fee has been incorrectly calculated – under section 36B Environment Protection Act 1970.
We invite you to contact Civil Lawyers to receive valuable professional advice with sound experience, excellence, integrity, value for money for your VCAT legal needs.
Civil Lawyers can be found at Suite b Level 6/326 William St, Melbourne Vic 3000 corner of Latrobe Street and William Street on the North East corner opposite Flagstaff Gardens and Flagstaff Station which is easily accessible and reached through the Victoria wide and Melbourne wide rail network.
Further, our offices are very close to all the Courts and are easily accessed by the Melbourne tram network.
<< VELOS CORNER >>
This landmark corner of the Melbourne legal precinct houses Civil Lawyers – a firm of professional, experienced lawyers, guaranteeing you affordable legal service excellence.