• Home
  • Application for Review (Environment & Resources)

Application for Review (Environment & Resources)


WHAT YOU CAN APPLY FORVCAT can review a decision made by another authority if legislation gives us the power.
Use this form if you are applying for a review under one of the following Acts of Parliament:
 
  • Catchment and Land Protection Act 1994
  • Climate Change Act 2017
  • Conservation, Forests and Lands Act 1987
  • Environment Protection Acts 1970 and 2017
  • Flora and Fauna Guarantee Act 1988
  • Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020
  • Mineral Resources (Sustainable Development) Act 1990
  • Petroleum Act 1998
  • Plant Biosecurity Act 2010
  • Water Act 1989 (all sections except section19)
To apply for an order under one of these Acts where you are not seeking a review of a decision, use our Application form for order (Environment and resources).

WHICH ACT ARE YOU SEEKING A REVIEW UNDER?

WHO IS MAKING THIS APPLICATION?

ARE YOU A THIRD-PARTY OBJECTING TO A DECISION?

The person who sought the licence, approval or permission from the relevant authority (decision-maker) can apply to VCAT to review the authority’s decision.

Even if you were not this person, you may be able to object to the authority granting the licence, approval or permission. This person is sometimes known as a third-party objector.

You can apply for a review as a third-party objector if the legislation allows it. For example, under section 434 of the Environment Protection Act 2017.

IS SOMEONE REPRESENTING YOU?

ABOUT THE DECISION YOU WANT REVIEWED

REASONS FOR YOUR APPLICATION

Enter a short statement providing the reasons you are making this application. This is called your statement of grounds. For some types of applications, the basis for making your application is limited by the relevant Act of Parliament. Refer to the Act to ensure your grounds for applying are relevant.

PRESENTING YOUR CASE

We usually schedule a practice day hearing (a type of procedural hearing) to determine how your application might proceed before the final hearing. This may include estimating how long the hearing may take, witnesses that might be called and other procedure matters.

To assist with managing your case, you need to tell us how much time you will need to present your entire case at a hearing. This includes time for any experts or other witnesses you will rely on to give evidence and be cross examined. Practice Note PNVCAT2 explains the role of expert witnesses, go to www.vcat.vic.gov.au/expertevidence.


22. How much time will you need to present your entire case at a hearing? *
Estimate the time you need to present, including time needed by any expert witnesses you will call.

HEARING ASSISTANCE

ACKNOWLEDGEMENT

ABOUT VCAT FEES

VCAT fees are charged according to three levels:

  • corporate fees for businesses and companies with a turnover of more than $200,000 in the previous financial year, corporate entities and government agencies.
  • standard fees for individuals, not-for-profit organisations, and small businesses and companies with a turnover of less than $200,000 in the previous financial year. Companies must provide a statutory declaration to support this claim.
  • concession fees for people who hold the Australian Government Health Care Card. You must provide a copy of your card with your application. We do not accept Pensioner Concession Cards or Department of Veteran Affairs health cards.

    Health Care Card Sample

    To find out if you need to pay an application fee and how much it costs, go to www.vcat.vic.gov.au/fees.

    • FEE RELIEF

    WHAT HAPPENS NEXT

    If you have provided your email address, you will shortly receive an email from us with instructions about next steps including how to make payment (if applicable). If you have not provided an email address and payment is required, VCAT will contact you by telephone about making payment.

    After we receive your application and open a VCAT case, we will send you and all other parties an order setting out what happens next, including dates to come to VCAT. The order will tell you the venue, time and date you must go to VCAT.

    The order will also have your VCAT reference number. The number starts with ‘P’ and ends with the year the application was lodged (eg. P1/2020). Quote the reference number in all correspondences and documents about your case.

    Contact us if you do not hear from us within two weeks of submitting your application.

    SUPPORTING DOCUMENTS

    You must attach the following:

  • Copy of the decision you want reviewed
  • Copy of documents that provide a background to the decision (eg. application form, supporting documents and plans, any officer’s report assessing the application, related correspondences, etc.)
  • If a cultural heritage management plan (CHMP) under the Aboriginal Heritage Act 2006 is required, attach the approved CHMP. If not, attach a certified preliminary Aboriginal heritage test or other statement of reasons about why a CHMP is not required. This may include a copy of a due diligence statement prepared by an Aboriginal heritage consultant.
  • Details of other relevant regulatory controls that apply to the land, if relevant
  • Application form for an extension of time to commence a proceeding (if applying outside the time limit)


    In addition to the above, please attach any other documents in support of your application.

    Keep a copy of these documents for your records.

    • Need Help?

    If you have any questions about completing this form, contact our Customer Service team: 

    • Email admin@vcat.vic.gov.au 

    • Call 1300 01 8228 (1300 01 VCAT) between 9 am and 4.30 pm Monday to Friday  

    • Go to the Victorian Civil and Administrative Tribunal, Ground Floor, 55 King Street, Melbourne VIC 3000. We are open Monday to Friday from 8.30 am to 4.30 pm. 

    Privacy Information

    For a copy of VCAT’s privacy statement, go to  www.vcat.vic.gov.au/privacy