(1) The table to subsection (4) sets out—
(a) decisions made under this Act that are reviewable by VCAT in accordance with this Division ( reviewable decisions ); and
(b) persons who are eligible to apply for review of that reviewable decision (the eligible person in relation to the reviewable decision).
(2) A person who is liable to pay a fee under this Act—
(a) may apply to VCAT for review of the fee on the ground that the fee has been incorrectly calculated; and
(b) for the purposes of this Part is an eligible person in relation to that reviewable decision.
(3) To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Part.
Note
Section 4 of the Victorian Civil and Administrative Tribunal Act 1998 sets out when a person makes a decision. Section 5 of that Act sets out when a person's interests are affected by a decision.
(4) An eligible person in relation to a reviewable decision is taken to be a person whose interests are affected by that decision for the purposes of the Victorian Civil and Administrative Tribunal Act 1998 .
S. 430(4) (Table) amended by No. 35/2023 s. 34.
Table
|
Provision under which reviewable decision is made |
Eligible person in relation to reviewable decision |
---|---|---|
1. |
56(4) |
Applicant for transfer |
2. |
57(4) |
Holder of permission |
3. |
58(1)(c) |
Holder of permission |
4. |
59(4) |
Holder of permission |
5. |
60(1), (7) |
Holder of permission |
6. |
61(1) |
Holder of permission |
7. |
69(1) |
Applicant for development licence |
8. |
74(1) |
Applicant for operating licence |
9. |
76(3) |
Holder of operating licence |
10. |
78(1) |
Applicant for pilot project licence |
11. |
80(4) |
Applicant for exemption |
12. |
81(1)(a) or (b) |
Applicant for permit |
13. |
82(3) |
Applicant for exemption |
14. |
83(3) |
Applicant for exemption |
15. |
84(4) |
Applicant for renewal |
16. |
90(3) |
Applicant for authorisation |
17. |
90(4)(b) |
Applicant for authorisation |
18. |
121(1), (8) |
Person to whom waste abatement notice issued |
18A. |
121(6) |
Person to whom notice under section 121(6) issued |
19. |
151(2)(b) |
Liable person to whom notice of assessment issued |
20. |
172(1) |
Person to whom residential noise improvement notice issued |
21. |
184(2) | |
22. |
184(4) | |
23. |
200(1), (2) |
Environmental auditor whose appointment is suspended or revoked |
24. |
206(2)(b) |
A person whose interests are directly affected by the endorsement or determination of scope of environmental audit |
25. |
208(5)(b) |
A person whose interests are directly affected by the endorsement or determination of scope of environmental audit |
26. |
219(1) |
Person required to provide financial assurance |
27. |
220(1) |
Person required to provide financial assurance |
28. |
221(1) |
Person required to provide financial assurance |
29. |
226(1) |
Person who provided financial assurance |
30. |
227(2) |
Person who provided financial assurance |
30A. |
231C |
Person who provided financial assurance |
30B. |
231D |
Person who provided financial assurance |
30C. |
231E |
Person who provided financial assurance |
30D. |
231F |
Person who provided financial assurance |
30E. |
231L |
Person who provided financial assurance |
31. |
232(4) |
Person who provided financial assurance |
32. |
265(1)(c) |
Owner of forfeited thing |
33. |
271(1) |
Person to whom improvement notice issued |
34. |
272(1) |
Person to whom prohibition notice issued |
35. |
273(1) |
Person to whom notice to investigate issued |
36. |
274(1) |
Person to whom environmental action notice issued |
37. |
275(1) |
Person on whom site management order is binding |
38. |
277(1) |
Applicant for variation or revocation |
39. |
279(b) |
Person to whom notice issued |
40. |
283(1) |
Body corporate to which direction is given |
41. |
284(1) |
Person to whom direction is given |
42. |
285(1) |
Body corporate to which direction is given |
43. |
429(8), (11) |
Applicant for stay of operation of reviewable decision |
44. |
458(1)(b), (c) |
Agency designated to be responsible |
S. 431 inserted by No. 39/2018 s. 18 (as amended by Nos 27/2019 ss 32− 40, 3/2020 ss 45, 46, 47/2020 s. 27).