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.

Extension of time to apply

Under section 126 of the Victorian Civil and Administrative Tribunal Act 1998, VCAT can extend the time to apply. We can extend the time by which you must make an application to VCAT – if it is reasonable to do so and if extending time would not cause any prejudice or detriment to a party or potential party that cannot be remedied by an appropriate order for costs or damages.

Complete and submit the Application for an extension of time form to apply for more time to lodge an application.

Need help with your application?

VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

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, town planner, relative, or some other person). In Planning and Environment cases you do not need to have VCAT's permission to be represented.

Find free or low-cost legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this type of case

  • When VCAT receives your application we assign a reference number and send you an initiating order. The initiating order sets out the steps in the progress of your case to a final decision. The order gives directions to you and other parties and specifies the date of the final hearing and if necessary the dates of a practice day hearing and/or compulsory conference.

    There is usually a practice day hearing in applications relating to natural resources. At the practice day hearing we may hear the merits and make a decision in respect of less complicated applications. Otherwise, we will give further directions about the conduct of the proceeding.

    Read more about what happens when VCAT opens a case.

  • A compulsory conference is a form of mediation. We use compulsory conferences to allow parties to work together towards a settlement. If you have been told to attend a compulsory conference, you need to prepare an opening statement. Use the opening statement to clearly state your case. It can be a helpful starting point for discussion between the parties. See more about how to resolve a case by agreement.

  • VCAT members decide cases based on the parties submissions and the expertise of the members. In many cases submissions are supported by evidence, witness statements and/or an inspection. As soon as you receive the initiating order, start preparing for the hearing. If you are going to call expert evidence, you will have to meet detailed requirements and strict timeframes. Gather together the documents you will bring to the hearing to support your case, for example, six copies of your written submission, photographs, videos, and witness statements. Read more about how to prepare for your final hearing

  • Arrive at VCAT with plenty of time so that you are not late for your hearing. Go directly to the hearing room, do not wait for your case to be called. Write your name on the appearance sheet for your case, the appearance sheet will found on the hearing room table. The hearing gives all parties a chance to make submissions, to give and hear evidence, ask questions, call witnesses and provide supporting documents. Each party has a brief right of reply at the end of the hearing. Read more about what to expect on final hearing day.

  • The VCAT member may give their decision at the end of the hearing. If they need more time or a site visit they normally give a decision within six weeks of the last hearing date. The VCAT member may give reasons for the decision verbally or in writing. If you want the reasons in writing, make the request within 14 days of the hearing date. Read more about what to expect after the final hearing.