Victorian Civil and Administrative Tribunal Amendment (Planning and Environment Division) Rules 2019 (Vic)

Victorian Civil and Administrative Tribunal Amendment (Planning and Environment Division) Rules 2019

S.R. No. 58/2019

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Divisions

6Lists

7Revocation of Part 1 of Order 5 of the Principal Rules

8New Order 8A of the Principal Rules inserted

9Principal registrar may exercise certain Tribunal functions

10Revocation of clause 2 of Schedule 1

11New Part 5 inserted into Schedule 1

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Endnotes

STATUTORY RULES 2019

S.R. No. 58/2019

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal Amendment (Planning and Environment Division) Rules 2019

The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules:

1Object

The object of these Rules is to amend the Victorian Civil and Administrative Tribunal Rules 2018—

(a)to transfer the planning and environment list of the administrative division of the Tribunal to a new division called the planning and environment division;

(b)to make consequential amendments.

2Authorising provisions

These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.

3Commencement

These Rules come into operation on 28 June 2019.

4Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 2018[1] are called the Principal Rules.

5Divisions

(1)In Rule 2.01(2)(d) of the Principal Rules, for "division." substitute "division;".

(2)After Rule 2.01(2)(d) of the Principal Rules insert—

"(e)planning and environment division.".

6Lists

(1)Rule 2.03(2)(b) of the Principal Rules is revoked.

(2)After Rule 2.03(5) of the Principal Rules insert—

"(5A)The planning and environment list is established in the planning and environment division.".

7Revocation of Part 1 of Order 5 of the Principal Rules

Part 1 of Order 5 of the Principal Rules is revoked.

8New Order 8A of the Principal Rules inserted

After Order 8 of the Principal Rules insert—

"Order 8A—Planning and environment division

Part 1—Planning and environment list

8A.01Tribunal may direct disclosure of valuation evidence

(1)This rule applies to—

(a)a proceeding under the Land Acquisition and Compensation Act 1986 or a proceeding to which that Act applies; and

(b)a proceeding under Part III of the Valuation of Land Act 1960 or a proceeding to which that Part applies.

(2)A member of the Tribunal may direct that each party to a proceeding to which this rule applies give to the other party—

(a)the names of the valuers it proposes to call;

(b)the amount of the valuation placed by each valuer on the land that is the subject of the appeal; and

(c)details of all sales and rentals relied upon by the valuer in arriving at the valuation.

(3)The member may give such a direction at any time—

(a)on application by any party; or

(b)of the member's own motion.

(4)If such a direction is given, a party may not call or rely on, without the leave of the Tribunal—

(a)any valuer whose name was not given to the other party; or

(b)any evidence of sales or rentals that was not given to the other party.

8A.02Time within which statement of grounds must be lodged in case of proceeding under planning enactment

A person who is required by clause 56(1) of Schedule 1 to the Act to lodge with the Tribunal a statement of the grounds on which the person intends to rely at the hearing of a proceeding must lodge the statement with the Tribunal—

(a)within the period directed by the Tribunal; or

(b)if there is no direction, within 14 days after being served with notice of the proceeding.

8A.03Applications to the planning and environment list

An application to the planning and environment list—

(a)must be in writing; and

(b)must contain the following details with respect to the applicant and the respondent—

(i)full name; and

(ii)address for service; and

(c)must contain a brief description of the issue or matter in dispute; and

(d)must state the remedy being sought from the Tribunal; and

(e)must include an electronic address for service with respect to the applicant.

8A.04Referral of disputes—section 39(1) of the Planning and Environment Act 1987

(1)A referral under section 39(1) of the Planning and Environment Act 1987 must comply with the requirements set out in Rule 8A.03.

(2)The referral must also contain—

(a)the date on which the person became aware of the alleged failure to comply; and

(b)the name of the Minister, planning authority or panel alleged to have failed to comply with Division 1, 2 or 3 of Part 3, or Part 8, of the Planning and Environment Act 1987.".

9Principal registrar may exercise certain Tribunal functions

In Rule 10.01 of the Principal Rules, for "Human Rights Division and the Residential Tenancies Division" substitute "Human Rights Division, the Residential Tenancies Division and the Planning and Environment Division".

10Revocation of clause 2 of Schedule 1

Clause 2 of Schedule 1 to the Principal Rules is revoked.

11New Part 5 inserted into Schedule 1

After Part 4 of Schedule 1 to the Principal Rules insert—

"Part 5—Planning and environment division

10Planning and Environment List

(1)The functions of the Tribunal under the enabling enactments set out in the items below are allocated to the planning and environment list of the planning and environment division.

10.1Aboriginal Heritage Act 2006;

10.2Catchment and Land Protection Act 1994 section 48 (land use conditions and land management notices);

10.3Climate Change Act 2017;

10.4Conservation, Forests and Lands Act 1987 section 76 (variation and termination of land management co‑operative agreements);

10.5Education and Training Reform Act 2006 section 5.7A.12;

10.6Environment Protection Act 1970;

10.7Environment Protection Act 2017;

10.8Flora and Fauna Guarantee
Act 1988 sections 34(3), 41, 41A (interim conservation orders) and 43(12) (claims for compensation);

10.9Gambling Regulation Act 2003;

10.10Health Services Act 1988 section 67 (compulsory acquisition of land);

10.11Heritage Act 2017;

10.12Land Acquisition and Compensation Act 1986;

10.13Local Government Act 1989 sections 183 (differential rating), 185 (imposition of special rate or charge) and 185AA (imposition of special rate or charge);

10.14Major Transport Projects Facilitation Act 2009;

10.15Mineral Resources (Sustainable Development) Act 1990;

10.16Owners Corporations Act 2006 Part 6;

10.17Petroleum Act 1998;

10.18Pipelines Act 2005 section 154;

10.19Planning and Environment Act 1987;

10.20Plant Biosecurity Act 2010 sections 48 (accreditation to issue assurance certificates) and 59 (review of the Minister's determination on costs);

10.21Road Management (General) Regulations 2016;

10.22Subdivision Act 1988, except Part 5;

10.23Traditional Owner Settlement Act 2010;

10.24Development Victoria Act 2003;

10.25Valuation of Land Act 1960 Part III (disputes on the value of land);

10.26Vexatious Proceedings Act 2014;

10.27Water Act 1989 except section 19 (see building and property list).

(2)If the Tribunal has or had functions under any corresponding previous enactment of an enabling enactment set out in an item in subclause (1), or under regulations made under such a corresponding previous enactment, those functions are allocated to the planning and environment list of the planning and environment division.".

Dated:    26 June 2019

MICHELLE QUIGLEY, President

FRANCES MILLANE, Vice President

ROBERT DYER, Vice President

BILL SIBONIS, Member

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Endnotes

[1] Rule 4: S.R. No. 77/2018 as amended by S.R. Nos 187/2018 and 18/2019.