Application for a declaration
VCAT has the power to make declarations in specific circumstances, under a number of planning and environment enactments. A declaration can determine the meaning or effect of a legally enforceable provision such as a requirement of a planning scheme. A declaration can also decide the validity of a decision made by the decision-making authority.
Some of the more common statutory provisions enabling an application for declaration to be made are:
- Sections 149A and 149B of the Planning And Environment Act 1987
- Section 305A Water Act 1989
- Section 41A Flora and Fauna Guarantee Act 1988
- Section 185AA Local Government Act 1989
- Section 41 Subdivision Act 1988
- Section 36D Environment Protections Act 1970
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.
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.