Applications relating to rates and charges

VCAT can hear applications in relation to rates, charges and fees under a number of planning and environment enactments. The majority of applications of this type relate to special rates levied by municipalities.

These applications include applications to:

  • review a decision to impose a special rate or special charge under section 185 of the Local Government Act 1989
  • review a decision in respect of an objection to payments or further payments required in respect of services and connections to property under section 271(3) and 272(2) of the Water Act 1989
  • review a fee under the Environment Protection Act on the ground that the fee has been incorrectly calculated – under section 36B Environment Protection Act 1970

Before you apply

An application to review a special rate or charge must be made 30 days after the date of issue of a notice of the rate or charge (Section 185(2)(a) Local Government Act 1989).

Under section 271(4) of the Water Act 1989 an application to review a decision in respect of an objection to payments or further payments required in respect of services and connections to property must be made within 28 days after the day of the decision or the giving of reasons for the decision or a refusal to give reasons for the decision.

Under section 36B(1) of the Environment Protection Act 1970 an application to review a fee under the Act must be made within 28 days of being required to pay the fee.

You can apply to VCAT for more time to lodge an application, by submitting an application for an extension of time.

Time limits

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

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 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 confidentiality.

Legislation that applies to this type of case