Applications about natural resources

VCAT can hear and determine disputes about the management and use of water and earth resources such as rock and sand.

This includes disputes about any of the following:

  • licences to take and use water from a river, stream, soak, spring or water from under the ground under section 64 of the Water Act 1989
  • licences for works to construct a bore, dam or waterway under section 83 of the Water Act 1989
  • licences for underground disposal by use of a bore under section 83 of the Water Act 1989
  • a work plan or work authority for an extractive industry under section 77TI of the Mineral Resources (Sustainable Development) Act 1990.

VCAT also deals with a range of other matters about: 

  • the management of water, waterways and water related infrastructure and services under the Water Act 1989
  • notices, compensations or administrative matters under the Mineral Resources (Sustainable Development) Act 1990
  • requirements and decisions about compensation made under the Petroleum Act 1998. 

To apply, use our general planning and environment application form.

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 apply to claim compensation or seek 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 ListDefinitionA List is an area in VCAT that deals with cases of a similar nature. For example, the Residential Tenancies List decides cases between tenants and landlords, and the Civil Claims List handles disputes about buying or selling goods and services. as applications to do with Unreasonable flow of water between properties.

Time limits

Time limits apply. Read more about time limits for lodging applications in the Planning and Environment List.

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 partyDefinitionA person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. 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.

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 apply for confidentiality.

Legislation that applies to this type of case