Application for a declaration under environment and resources enactments

VCAT has the power to make declarations or an order some environment and natural resources enactments.

A declaration can determine the meaning or effect of provisions in an act, notice, licence, permit or the like. A declaration or order may also be used to decide whether a decision made by the original decision-making authority is valid.

You may apply under the following planning and environment enactments:

Section 305A of the Water Act 1989
Section 37 of the Flora and Fauna Guarantee Act 1988
Section 36D of the Environment Protection Act 1970
Section 48A of the Catchment and Land Protection Act 1994
Section 69 of the Climate Change Act 2017

In some cases, declarations can only be made by a presidential member of VCAT. In other cases declarations can only be made by either a presidential member or another member who is a lawyer.

We can’t accept some cases where one party lives in another state or is a Commonwealth government organisation.

Learn more

Time limits

Time limits do not apply to an application for a declaration relating to the environment.

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We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim.

You may have to pay a fee with your application. Read more about fees at VCAT and how to apply for fee relief.

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Do I need a lawyer or professional representative?

You may have a legal or other professional representation to appear at VCAT (such as a lawyer, relative, or some other person). In Environment and Resources cases you do not need to have VCAT's permission to be represented.

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