Pipelines Act 2005 (review)
This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.
VCAT can review certain decisions made by the Minister under the Pipelines Act 2005.
Cases VCAT can hear
You may be able to apply to VCAT for a review of the Minister’s decision if you are the licensee and the Minister has made a decision to:
- amend the conditions of a licence to construct and operate certain pipelines
- cancel a licence to construct and operate certain pipelines.
You must make your application within 28 days after the later of the day on which
- the decision was made, or
- if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.
You may be able to apply for an extension to this time limit.
Preparing your case
When preparing your case, you should familiarise yourself with how the Act applies to your circumstances. For example, if your case is about whether to cancel a licence, you should familiarise yourself with the particular circumstances in which a licence may be cancelled and bring evidence relevant to the question of whether those circumstances apply.
What VCAT considers
When reviewing a decision under the Pipelines Act 2005, VCAT will consider the objectives of the Act (set out in section 3 of the Act) and the principles of sustainable development set out in section 4(2) of the Act.
What can VCAT order?
Unless the relevant Act of Parliament gives us different powers, VCAT can:
- affirm the original decision, in which case the original decision will stand
- vary the decision
- set aside the decision and substitute our own decision
- set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
- invite the decision-maker to reconsider their decision at any time during the case.
Legislation that gives VCAT the power to hear these applications
- Part 5, Section 64 and 83 of the Pipelines Act 2005
f you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.
Do I need a lawyer or professional representative?
You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission. Be aware that the regulatory body in most cases uses legal representation.
Find legal services that may be able to assist you.
Need help with your application?
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.
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.