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:

In some cases, declarations can only be made by a presidential memberDefinitionA presidential member is either the president, a vice president or deputy president at VCAT. Some types of cases can only be heard or dealt with by a VCAT presidential member. of VCAT. In other cases declarations can only be made by either a presidential member or another memberDefinitionA person who hears and decides cases at VCAT. Some members are specialists in particular areas of law. who is a lawyer.

Time limits

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

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 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.

Legislation that applies to this type of case