VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 115CA Presumption of order for reimbursement of fees in certain planning matters

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 115CA

    (1)     Subject to subsections (2) and (3), an applicant to the Tribunal under section 79 of the Planning and Environment Act 1987 is entitled to an order under section 115B that the responsible authority reimburse the applicant the whole of any fees paid by the applicant in the proceeding.

Note

Section 79 of the Planning and Environment Act 1987 enables an applicant for a planning permit to apply to the Tribunal for review of a failure of the responsible authority to grant the permit within the prescribed time.

    (2)     If different fees are payable in a proceeding under section 79 of the Planning and Environment Act 1987 depending on an election made by the applicant, subsection (1) applies to entitle the applicant to an order for reimbursement of only the amount of the lowest of those fees.

Example

If different fees are payable depending on the list of the Tribunal in which the applicant elects to have the proceeding entered, then if the applicant elects to have the proceeding entered in a list that attracts a higher fee, the applicant would only be entitled under subsection (1) to an order for reimbursement of the amount of the lowest of those fees.

    (3)     Subsection (1) does not apply if the responsible authority satisfies the Tribunal that there was reasonable justification for the responsible authority to fail to grant the permit before the application to the Tribunal, having regard to—

        (a)     the nature and complexity of the permit application; and

        (b)     the conduct of the applicant in relation to the permit application; and

        (c)     any other matter beyond the reasonable control of the responsible authority.

S. 115D inserted by No. 23/2014 s. 14.