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.

Time limits

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.

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.

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.

Legislation that gives VCAT the power to hear these applications

Pipelines Act 2005

  • Review a decision to amend licence conditions: Section 64 in Part 5 of the Pipelines Act 2005.
  • Review a decision to cancel a licence: Section 83 in Part 5 of the Pipelines Act 2005.

If 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.

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.

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 .

More about how we resolve your case

Read more about hearings at VCAT, professional representation, access and privacy and communicating with VCAT.