Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2020 (Vic)

Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2020

S.R. No. 58/2020

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Substitution of regulation 7—Major case

6New regulation 17 inserted

7Schedule 1—Fees

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Endnotes

STATUTORY RULES 2020

S.R. No. 58/2020

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 30 June 2020

Responsible Minister:

JILL HENNESSY
Attorney-General

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Victorian Civil and Administrative Tribunal (Fees) Regulations 2016—

(a)to remove the option for an applicant to elect to have a proceeding arising under the Environment Protection Act1970 entered into the Major Cases List under regulation 7; and

(b)to prescribe fees payable for the commencement of a proceeding under section 120A of the Victorian Civil and Administrative Tribunal Act 1998; and

(c)to prescribe fees payable for the commencement of a proceeding in the Victorian Civil and Administrative Tribunal under the following Acts and Regulations—

(i)Accident Towing Services Regulations 2019;

(ii)the Building Act 1993;

(iii)the Disability Service Safeguards Act 2018 ;

(iv)the Environment Protection Act 2017;

(v)the Essential Services Commission Act 2001;

(vi)the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020; and

(d)to update references to sections in the Building Act 1993 to reflect changes to the sections that proceedings may be commenced under the Building Act 1993 in the Victorian Civil and Administrative Tribunal; and

(e)to make an amendment consequential to the commencement of the Environment Protection Act 2017; and

(f)to update a reference to the Flora and Fauna Act 1988 consequential to the commencement of the Flora and Fauna Guarantee Amendment Act 2019.

2Authorising provision

These Regulations are made under section 161 of the Victorian Civil and Administrative Tribunal Act 1998.

3Commencement

These Regulations come into operation on 1 July 2020.

4Principal Regulations

In these Regulations, the Victorian Civil and Administrative Tribunal (Fees) Regulations 2016[1] are called the Principal Regulations.

5Substitution of regulation 7—Major case

For regulation 7 of the Principal Regulations substitute—

"7   Major case

(1)At the commencement of a proceeding under section 77, 79, 80 or 87A of the Planning and Environment Act 1987, the applicant may elect to have the proceeding entered into the Major Cases List.

(2)At any time after the commencement of a proceeding under section 82 or 82B of the Planning and Environment Act 1987, the applicant for the permit that is the subject of the proceeding may pay a fee of 165 fee units and elect to have the proceeding entered into the Major Cases List.".

6New regulation 17 inserted

After regulation 16 of the Principal Regulations insert—

"17   Transitional provision—proceedings in the Major Cases List commenced before 1 July 2020

A proceeding under the Environment Protection Act 1970 that is commenced in the Tribunal and entered into the Major Cases List before 1 July 2020, but is not completed before that date, continues as a major case despite the amendment of regulation 7 by regulation 5 of the Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2020.".

7Schedule 1—Fees

(1)In item 3 of Schedule 1 to the Principal Regulations, for "Building Act 1993, except sections 25J and 186, Division 12 of Part 12A and clause 10(3) and (4) of Schedule 7" substitute—

"Building Act 1993, except sections 25J and 186, Division 12 of Part 12A, section 187ZI and clause 10(3) and (4) of Schedule 7".

(2)In item 4 of Schedule 1 to the Principal Regulations, after "Accident Towing Services Act 2007 " insert—

"Accident Towing Services Regulations 2019".

(3)In item 4 of Schedule 1 to the Principal Regulations, for "Building Act 1993, sections 25J and 186, Division 12 of Part 12A and clause 10(3) and (4) of Schedule 7" substitute—

"Building Act 1993, sections 25J and 186, Division 12 of Part 12A, section 187ZI and clause 10(3) and (4) of Schedule 7".

(4)In item 4 of Schedule 1 to the Principal Regulations, after "Disability Act 2006, section 45 " insert—

"Disability Service Safeguards Act 2018".

(5)In item 4 of Schedule 1 to the Principal Regulations, after "Equipment (Public Safety) Act 1994 " insert—

"Essential Services Commission Act 2001".

(6)In item 4 of Schedule 1 to the Principal Regulations, after "Meat Industry Act 1993, section 24 " insert—

"Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020".

(7)In item 5 of Schedule 1 to the Principal Regulations, for "Flora and Fauna Guarantee Act 1988, sections 34(3), 41, 41A and 43(12)" substitute—

"Flora and Fauna Guarantee Act 1988".

(8)For item 13 of Schedule 1 to the Principal Regulations, substitute—

"For the commencement of a proceeding under any provision of the Planning and Environment Act 1987, the Environment Protection Act 1970 or the Environment Protection Act 2017 not otherwise specified in Part 1 of this Schedule




84 fee units.".

(9)After item 16 of Schedule 1 to the Principal Regulations, insert—

"16A.	For the making of an application under section 120A of the Act, if the proceeding in relation to which the application is made was allocated to the Tribunal's—
(a)  administrative division or planning and environment division	64 fee units
(b)  civil division	36 fee units.".

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Endnotes

[1] Reg. 4: S.R. No. 75/2016 as amended by S.R. Nos 132/2017, 30/2018, 39/2019 and 64/2019.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial years commencing 1 July 2019 and 1 July 2020 is $14.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.