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Victorian Civil and Administrative Tribunal (Fees) Regulations 2013

Legislation · Victoria · 2020
Authorised by the Chief Parliamentary Counsel Authorised Version i Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 S.R. No. 53/2013 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Revocation 2 5 Definitions 2 6 Fees 2 7 Reduction of fees payable 3 8 Inspection of register of proceedings 4 9 Principal registrar's certificate 4 10 Inspection of proceeding files 5 11 Fee for issue of warrant 6 12 Fee for issue of a witness summons 6 13 Transitional provisions 6 14 Expiry 7 __________________ SCHEDULE 1—Scale of Fees 8 PART 1—FEES FOR COMMENCEMENT OR TRANSFER OF PROCEEDINGS 8 PART 2—HEARING FEES 25 ═══════════════ ENDNOTES 27 -- 1 of 28 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 53/2013 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 The Governor in Council makes the following Regulations: Dated: 21 May 2013 Responsible Minister: ROBERT CLARK Attorney-General YVETTE CARISBROOKE Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to prescribe— (a) fees payable for the commencement and hearing of proceedings in VCAT; and (b) fees payable for— (i) the issuing of warrants and witness summonses; and (ii) inspection of the register; and (iii) the provision of ancillary services by VCAT; and (c) other matters relating to fees payable under the Victorian Civil and Administrative Tribunal Act 1998. -- 2 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 161 of the Victorian Civil and Administrative Tribunal Act 1998. 3 Commencement These Regulations come into operation on 1 June 2013. 4 Revocation The Victorian Civil and Administrative Tribunal (Fees) Interim Regulations 20121 are revoked. 5 Definitions In these Regulations— commencement, in relation to a proceeding, includes the lodgement of— (a) an application; or (b) a claim; or (c) a counterclaim; or (d) a third party notice; or (e) any other originating process; hearing includes any accompanied site visits or any inspection occurring as part of a hearing; the Act means the Victorian Civil and Administrative Tribunal Act 1998; Victoria Planning Provisions has the same meaning as in the Planning and Environment Act 1987. 6 Fees (1) The fees set out in the Scale of Fees in Schedule 1 are payable at the Tribunal as specified in that Schedule and in accordance with this regulation. r. 2 -- 3 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 3 Authorised by the Chief Parliamentary Counsel (2) For the period commencing 1 June 2013 and ending 30 June 2014, the fee is the amount specified in column 3 of Schedule 1 for the relevant item. (3) For the period commencing 1 July 2014 and ending 30 June 2015, the fee is the amount specified in column 4 of Schedule 1 for the relevant item. (4) For the period commencing 1 July 2015, the fee is the amount specified in column 5 of Schedule 1 for the relevant item. (5) If a proceeding is commenced under more than one enabling enactment or more than one provision of an enabling enactment, only one fee is payable, which is the higher or highest of the applicable fees in the Scale of Fees in Schedule 1. (6) Any fee payable under Part 2 of Schedule 1 must be paid by 9.30 a.m. on the day of the hearing to which the fee relates. 7 Reduction of fees payable (1) For the purposes of section 132(1)(b) of the Act, the principal registrar may reduce a fee payable under Part 2 of Schedule 1 if he or she considers it appropriate having regard to— (a) the number of parties to the proceeding; and (b) the likely length of hearing the proceeding. (2) For the purposes of section 132(1)(b) of the Act, the principal registrar may reduce a fee payable under the Act or the regulations to an amount that is not less than the relevant fee payable in the previous year if— (a) a fee has been tendered to the principal registrar that is not less than the relevant fee payable in the previous year; and r. 7 -- 4 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 4 Authorised by the Chief Parliamentary Counsel (b) the principal registrar considers that the cost to the Tribunal of collecting the difference between the amount of the fee tendered and the correct fee exceeds the amount of that difference. 8 Inspection of register of proceedings (1) For the purposes of section 144(4) of the Act, the prescribed fee for a person who is not a party to a proceeding to inspect the register in relation to that proceeding is— (a) for the period commencing 1 June 2013 and ending 30 June 2014, $10.00; and (b) for the period commencing 1 July 2014 and ending 30 June 2015, $11.30; and (c) for the period commencing 1 July 2015, 1·1 fee units. (2) For the purposes of section 144(4) of the Act, the prescribed fee for each request for the principal registrar to search the register in relation to a proceeding and to provide a copy of the results of that search is— (a) for the period commencing 1 June 2013 and ending 30 June 2014, 4·1 fee units; and (b) for the period commencing 1 July 2014 and ending 30 June 2015, 4·7 fee units; and (c) for the period commencing 1 July 2015, 5·3 fee units. 9 Principal registrar's certificate For the purposes of section 145(2) of the Act, the prescribed fee is— (a) for the period commencing 1 June 2013 and ending 30 June 2014, 4·3 fee units; and r. 8 -- 5 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 5 Authorised by the Chief Parliamentary Counsel (b) for the period commencing 1 July 2014 and ending 30 June 2015, 4·9 fee units; and (c) for the period commencing 1 July 2015, 5·5 fee units. 10 Inspection of proceeding files (1) For the purposes of section 146(3) of the Act, the prescribed fee for inspection of a proceeding file by a person who is not a party to the proceeding is— (a) for the period commencing 1 June 2013 and ending 30 June 2014, 7·3 fee units; and (b) for the period commencing 1 July 2014 and ending 30 June 2015, 8·3 fee units; and (c) for the period commencing 1 July 2015, 9·3 fee units. (2) For the purposes of section 146(3) of the Act, the prescribed fee for inspection of each additional proceeding file at the same time as the first proceeding file under subregulation (1) by a person who is not a party to the proceeding is— (a) for the period commencing 1 June 2013 and ending 30 June 2014, 6·7 fee units; and (b) for the period commencing 1 July 2014 and ending 30 June 2015, 7·6 fee units; and (c) for the period commencing 1 July 2015, 8·6 fee units. (3) For the purposes of section 146(3) of the Act, the prescribed fee for the provision by the principal registrar of a copy of a document from a proceeding file is 60 cents per page. r. 10 -- 6 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 6 Authorised by the Chief Parliamentary Counsel 11 Fee for issue of warrant The prescribed fee for the issue of a warrant under the Act or any enabling enactment is— (a) for the period commencing 1 June 2013 and ending 30 June 2014, 8·9 fee units; and (b) for the period commencing 1 July 2014 and ending 30 June 2015, 10·1 fee units; and (c) for the period commencing 1 July 2015, 11·4 fee units. 12 Fee for issue of a witness summons The prescribed fee for the issue of a witness summons under the Act or any enabling enactment is— (a) for the period commencing 1 June 2013 and ending 30 June 2014, 1·3 fee units; and (b) for the period commencing 1 July 2014 and ending 30 June 2015, 1·5 fee units; and (c) for the period commencing 1 July 2015, 1·7 fee units. 13 Transitional provisions (1) These Regulations apply to any proceeding in the Tribunal which has commenced but is not completed as at the commencement of these Regulations, regardless of when that proceeding commenced. (2) If a proceeding has commenced but is not completed before the commencement of the period specified in regulation 6(3), any fee payable in relation to that proceeding for any thing specified in the Scale of Fees in Schedule 1 that occurs during that period is payable at the applicable amount for the relevant item for the period commencing 1 July 2014 and ending r. 11 -- 7 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 7 Authorised by the Chief Parliamentary Counsel 30 June 2015 despite the commencement of the proceeding before that period. (3) If a proceeding has commenced but is not completed before the commencement of the period specified in regulation 6(4), any fee payable in relation to that proceeding for any thing specified in the Scale of Fees in Schedule 1 that occurs during that period is payable at the applicable amount for the relevant item for the period commencing 1 July 2015 despite the commencement of the proceeding before that period. (4) Despite subregulations (1), (2) and (3), a second or higher fee is not payable in relation to a proceeding referred to in any of those subregulations if, before the commencement of the relevant period, a fee has already been paid or a fee waiver has already been granted under section 132 of the Act in relation to the corresponding item under— (a) the Scale of Fees contained in the Table to regulation 4 of the Victorian Civil and Administrative Tribunal (Fees) Regulations 2001 2 as in force immediately before their revocation; or (b) Schedule 1 to the Victorian Civil and Administrative Tribunal (Fees) Interim Regulations 2012 as in force immediately before their revocation; or (c) these Regulations. 14 Expiry These Regulations expire on 30 June 2016. __________________ r. 14 -- 8 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 8 Authorised by the Chief Parliamentary Counsel SCHEDULE 1 SCALE OF FEES Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable PART 1—FEES FOR COMMENCEMENT OR TRANSFER OF PROCEEDINGS 1. No fee is payable for the commencement of proceedings under the following enabling enactments or provisions of enabling enactments— 1.1 Adoption Act 1984 section 129A(1)(a); 1.2 Assisted Reproductive Treatment Act 2008; 1.3 Children, Youth and Families Act 2005; 1.4 Disability Act 2006; 1.5 Equal Opportunity Act 2010 except section 89(5)(a); 1.6 Freedom of Information Act 1982 applications under section 50(2) if— (a) the application is for the review of a deemed decision under section 53 refusing to grant access to a document; or Sch. -- 9 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 9 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable (b) the applicant is a natural person and the document to which access is sought contains information relating to the applicant's personal affairs; 1.7 Guardianship and Administration Act 1986; 1.8 Health Records Act 2001; 1.9 Information Privacy Act 2000; 1.10 Instruments Act 1958; 1.11 Legal Profession Act 2004 Chapter 4; 1.12 Medical Treatment Act 1988; 1.13 Mental Health Act 1986 except section 79; 1.14 Public Health and Wellbeing Act 2008 sections 122 and 204; 1.15 Racial and Religious Tolerance Act 2001 section 23A; 1.16 Residential Tenancies Act 1997 Part 10; 1.17 Supported Residential Services (Private Proprietors) Act 2010 sections 105 and 121; 1.18 Trustee Companies Act 1984. Sch. -- 10 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 10 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 2. For the commencement of proceedings under the following enabling enactments— 2.1 Australian Consumer Law and Fair Trading Act 2012 where the claim is for a sum less than $500; 2.2 Credit Act 1984 sections 47, 62, 74(5), 76, 81, 85B (if the application is not made by a credit provider), 93, 95(1), 97, 104, 106, 107(8), 110(1), 111, 112, 114, 115, 116(7), 118 and 139(6); 2.3 Domestic Building Contracts Act 1995 where the claim is for a sum less than $500; 2.4 Equal Opportunity Act 2010 section 89(5)(a); 2.5 Landlord and Tenant Act 1958; 2.6 Motor Car Traders Act 1986 section 45; 2.7 Owners Corporations Act 2006 except section 191, where the claim is for a sum less than $500; 2.8 Planning and Environment Act 1987 sections 87, 89 and 93; 2.9 Residential Tenancies Act 1997 except Part 10; Sch. -- 11 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 11 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 2.10 Supported Residential Services (Private Proprietors) Act 2010 section 123. 3·5 fee units 4·2 fee units 4·8 fee units 3. For the commencement of proceedings under the following enabling enactments— 3.1 Australian Consumer Law and Fair Trading Act 2012 where the claim is for a sum of $500 or more but less than $10 000; 3.2 Domestic Building Contracts Act 1995 where the claim is for a sum of $500 or more but less than $10 000; 3.3 Owners Corporation Act 2006 except section 191, where the claim is for a sum of $500 or more but less than $10 000. 10·3 fee units 12·0 fee units 13·8 fee units 4. For the commencement of proceedings under the following enabling enactments— 4.1 Credit Act 1984 for any application (other than an application by the Director) to the Tribunal that is not otherwise referred to in these Regulations; 4.2 Local Government Act 1989 section 183. 18·9 fee units 22·5 fee units 26·0 fee units Sch. -- 12 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 12 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 5. For the commencement of proceedings under section 50(2) of the Freedom of Information Act 1982 except— (a) applications for review of a deemed decision under section 53 refusing to grant access to a document; or (b) if the applicant is a natural person and the document to which access is sought contains information relating to the applicant's personal affairs. 24·1 fee units 28·7 fee units 33·2 fee units 6. For the commencement of proceedings under the following enabling enactments— 6.1 Aboriginal Heritage Act 2006; 6.2 Accident Compensation Act 1985; 6.3 Accident Towing Services Act 2007; 6.4 Adoption Act 1984 section 129A except section 129A(1)(a); 6.5 Agricultural and Veterinary Chemicals (Control of Use) Act 1992; 6.6 Architects Act 1991; 6.7 Associations Incorporation Reform Act 2012; Sch. -- 13 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 13 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 6.8 Australian Consumer Law and Fair Trading Act 2012 where— (a) the claim is for a sum of $10 000 or more but less than $100 000; or (b) no specific monetary amount is sought in the claim; 6.9 Biological Control Act 1986; 6.10 Births, Deaths and Marriages Registration Act 1996; 6.11 Building Act 1993; 6.12 Bus Safety Act 2009; 6.13 Catchment and Land Protection Act 1994; 6.14 Cemeteries and Crematoria Act 2003; 6.15 Chattel Securities Act 1987; 6.16 Children's Services Act 1996; 6.17 Climate Change Act 2010; 6.18 Conservation, Forests and Lands Act 1987; 6.19 Conveyancers Act 2006; 6.20 Co-operatives Act 1996; 6.21 Country Fire Authority Act 1958; Sch. -- 14 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 14 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 6.22 Credit Act 1984 sections 85, 85B and 86 if— (a) the application is made by a credit provider; and (b) the number of contracts that are the subject of the application does not exceed 3000; 6.23 Dairy Act 2000; 6.24 Dangerous Goods Act 1985; 6.25 Domestic Animals Act 1994; 6.26 Domestic Building Contracts Act 1995 where— (a) the claim is for a sum of $10 000 or more, but is less than $100 000; or (b) no specific monetary amount is sought in the claim; 6.27 Drugs, Poisons and Controlled Substances Act 1981 section 69B; 6.28 Duties Act 2000; 6.29 Education and Training Reform Act 2006; 6.30 Electoral Act 2002; 6.31 Electricity Safety Act 1998; 6.32 Emergency Management Act 1986; 6.33 Emergency Services Superannuation Act 1986; Sch. -- 15 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 15 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 6.34 Environment Protection Act 1970 except sections 33(1) and 33A(1); 6.35 Equipment (Public Safety) Act 1994; 6.36 Estate Agents Act 1980; 6.37 Firearms Act 1996; 6.38 First Home Owner Grant Act 2000; 6.39 Fisheries Act 1995; 6.40 Flora and Fauna Guarantee Act 1988; 6.41 Fundraising Act 1998; 6.42 Gambling Regulation Act 2003; 6.43 Gas Safety Act 1997; 6.44 Health Practitioner Regulation National Law (Victoria); 6.45 Health Services Act 1988; 6.46 Heritage Act 1995; 6.47 House Contracts Guarantee Act 1987; 6.48 Land Tax Act 1958; 6.49 Legal Profession Act 2004 except Chapter 4; 6.50 Liquor Control Reform Act 1998; 6.51 Livestock Disease Control Act 1994; 6.52 Local Government Act 1989 except section 183; Sch. -- 16 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 16 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 6.53 Major Sporting Events Act 2009; 6.54 Major Transport Projects Facilitation Act 2009; 6.55 Meat Industry Act 1993; 6.56 Mental Health Act 1986 section 79; 6.57 Metropolitan Fire Brigades Act 1958; 6.58 Mineral Resources (Sustainable Development) Act 1990; 6.59 Motor Car Traders Act 1986 except section 45; 6.60 Occupational Health and Safety Act 2004; 6.61 Occupational Health and Safety Regulations 20073; 6.62 Owner Drivers and Forestry Contractors Act 2005; 6.63 Owners Corporations Act 2006 section 191, or under any other provision where— (a) the claim is for the sum of $10 000 or more but less than $100 000; or (b) no specific monetary amount is sought in the claim; 6.64 Parliamentary Salaries and Superannuation Act 1968; 6.65 Payroll Tax Act 2007; Sch. -- 17 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 17 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 6.66 Pipelines Act 2005; 6.67 Plant Biosecurity Act 2010; 6.68 Prevention of Cruelty to Animals Act 1986; 6.69 Private Security Act 2004; 6.70 Professional Boxing and Combat Sports Act 1985; 6.71 Property Law Act 1958; 6.72 Public Health and Wellbeing Act 2008 section 207; 6.73 Racing Act 1958; 6.74 Relationships Act 2008; 6.75 Retail Leases Act 2003 where— (a) the amount sought is less than $100 000; or (b) no specific monetary amount is sought in the claim; 6.76 Retirement Villages Act 1986; 6.77 Road Management Act 2004; 6.78 Road Safety (Vehicles) Regulations 20094 ; 6.79 Sale of Land Act 1962; 6.80 Second-Hand Dealers and Pawnbrokers Act 1989; 6.81 Sex Work Act 1994; Sch. -- 18 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 18 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 6.82 State Employees Retirement Benefits Act 1979; 6.83 State Superannuation Act 1988; 6.84 Subdivision Act 1988; 6.85 Superannuation (Portability) Act 1989; 6.86 Supported Residential Services (Private Proprietors) Act 2010 section 206; 6.87 Surveying Act 2004; 6.88 Taxation Administration Act 1997; 6.89 The Constitution Act Amendment Act 1958; 6.90 Therapeutic Goods (Victoria) Act 2010; 6.91 Transport Accident Act 1986; 6.92 Transport (Compliance and Miscellaneous) Act 1983; 6.93 Transport Superannuation Act 1988; 6.94 Travel Agents Act 1986; 6.95 Unclaimed Money Act 2008; Sch. -- 19 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 19 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 6.96 Valuation of Land Act 1960 where— (a) the net annual value of the property is less than $60 000; or (b) the site value is less than $750 000; or (c) the capital improved value is less than $1 million; 6.97 Veterinary Practice Act 1997; 6.98 Victims of Crime Assistance Act 1996; 6.99 Victoria State Emergency Service Act 2005; 6.100 Victoria State Emergency Service Regulations 20065; 6.101 Victorian Plantations Corporation Act 1993; 6.102 Water Act 1989; 6.103 Wildlife Act 1975; 6.104 Working with Children Act 2005. 33·4 fee units 39·7 fee units 46·0 fee units 7. For the commencement of proceedings under the following enabling enactments— 7.1 Australian Consumer Law and Fair Trading Act 2012 where the claim is for a sum of $100 000 or more but less than $1 million; Sch. -- 20 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 20 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 7.2 Domestic Building Contracts Act 1995 where the claim is for a sum of $100 000 or more but less than $1 million; 7.3 Environment Protection Act 1970 sections 33(1) and 33A(1) if the proceedings are in respect of a development of any kind where the estimated cost of the development is less than $1 million; 7.4 Land Acquisition and Compensation Act 1986 where the claim is for compensation of less than $1 million; 7.5 Owners Corporations Act 2006 except section 191, where the claim is for a sum of $100 000 or more but less than $1 million; 7.6 Planning and Environment Act 1987 except— (a) sections 77, 79, 80 and 87A if the proceedings are in respect of a development of any kind where the estimated cost of the development is $1 million or more; (b) sections 87, 89 and 93; 7.7 Retail Leases Act 2003 where the amount sought is $100 000 or more. 62·7 fee units 74·5 fee units 86·3 fee units Sch. -- 21 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 21 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 8. For the commencement of proceedings under the following enabling enactments— 8.1 Australian Consumer Law and Fair Trading Act 2012 where the claim is for a sum of $1 million or more; 8.2 Credit Act 1984 sections 85, 85B and 86 if— (a) the application is made by a credit provider; and (b) the number of contracts that are the subject of the application exceeds 3000; 8.3 Domestic Building Contracts Act 1995 where the claim is for a sum of $1 million or more; 8.4 Environment Protection Act 1970 sections 33(1) and 33A(1) if— (a) the proceedings are in respect of a development of any kind where the estimated cost of the development is $1 million or more; and (b) the proceedings are not entered in the Major Cases List within the Planning and Environment List; Sch. -- 22 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 22 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 8.5 Land Acquisition and Compensation Act 1986 where the claim is for compensation of $1 million or more; 8.6 Owners Corporations Act 2006 except section 191, where the claim is for a sum of $1 million or more; 8.7 Planning and Environment Act 1987 sections 77, 79, 80 and 87A if— (a) the proceedings are in respect of a development of any kind where the estimated cost of the development is $1million or more; and (b) the proceedings are not entered in the Major Cases List within the Planning and Environment List; 8.8 Valuation of Land Act 1960 where— (a) the net annual value of the property is $60 000 or more; or (b) the site value is $750 000 or more; or (c) the capital improved value is $1 million or more. 121·0 fee units 143·8 fee units 166·7 fee units Sch. -- 23 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 23 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 9. For the commencement of proceedings under the following enabling enactments— 9.1 Environment Protection Act 1970 sections 33(1) and 33A(1) if the proceedings are in respect of a development of any kind where the proceedings are, by election of the applicant, entered into the Major Cases List within the Planning and Environment List; 9.2 Planning and Environment Act 1987 sections 77, 79, 80 and 87A if— (a) the proceedings are in respect of a development that does not include a dwelling (within the meaning of the Victoria Planning Provisions) where the proceedings are, by election of the applicant, entered in the Major Cases List within the Planning and Environment List; or (b) the proceedings are in respect of a development where— (i) the estimated cost of that development is $10 million or more; and Sch. -- 24 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 24 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable (ii) the proceedings are, by election of the applicant, entered in the Major Cases List within the Planning and Environment List. 260·0 fee units 260·0 fee units 260·0 fee units 10. For the commencement of a proceeding under any enabling enactment not shown in this Schedule. 33·4 fee units 39·7 fee units 46·0 fee units 11. For the transfer of proceedings under the following enabling enactments— 11.1 Environment Protection Act 1970 section 33B if the proceedings are in respect of a development of any kind where the proceedings are entered in the Planning and Environment List and are subsequently transferred to the Major Cases List within the Planning and Environment List. 11.2 Planning and Environment Act 1987 sections 82 and 82B if— (a) the proceedings are in respect of a development that does not include a dwelling (within the meaning of the Victoria Planning Provisions) where the proceedings are entered in the Sch. -- 25 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 25 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable Planning and Environment List and are subsequently transferred to the Major Cases List within the Planning and Environment List; or (b) the proceedings are in respect of a development of any kind where— (i) the estimated cost of that development is $10 million or more; and (ii) the proceedings are entered in the Planning and Environment List and are subsequently transferred to the Major Cases List within the Planning and Environment List. 197·3 fee units 185·5 fee units 173·7 fee units PART 2—HEARING FEES 1. For hearing proceedings in the Major Cases List within the Planning and Environment List, for each day or part of a day. 257·5 fee units 257·5 fee units 257·5 fee units Sch. -- 26 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 26 Authorised by the Chief Parliamentary Counsel Column 1 Item No. Column 2 Description Column 3 Fee payable Column 4 Fee payable Column 5 Fee payable 2. For hearing proceedings for which a fee is payable under Part 1 of this Schedule on commencement where the principal registrar is of the opinion that the proceeding is a complex case having regard to whether— (a) more than one member is or is likely to be appointed to hear the proceeding; and (b) the hearing of the proceeding is likely to take 2 or more days— For each day or part of a day after the first day. 113·9 fee units 130·2 fee units 146·4 fee units 3. For hearing all other proceedings for which a fee is payable under Part 1 of this Schedule on commencement— (a) for days 2 to 4, per day or part of a day; 29·4 fee units 29·4 fee units 29·4 fee units (b) for days 5 to 9, per day or part of a day; 49·2 fee units 49·2 fee units 49·2 fee units (c) for day 10 and any subsequent day, per day or part of a day. 82·1 fee units 82·1 fee units 82·1 fee units ═══════════════ Sch. -- 27 of 28 -- S.R. No. 53/2013 Victorian Civil and Administrative Tribunal (Fees) Regulations 2013 27 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 147/2012. 2 Reg. 13(4)(a): S.R. No. 160/2001. Revoked by S.R. No. 147/2012. 3 Sch. 1 item 6.61: S.R. No. 54/2007. Reprint No. 1 as at 4 April 2013. Reprinted to S.R. No. 57/2012. 4 Sch. 1 item 6.78: S.R. No. 118/2009 as amended by S.R. Nos 26/2010, 33/2010, 35/2010, 80/2010, 116/2010, 136/2010, 51/2011, 10/2012, 25/2012, 37/2012, 71/2012, 156/2012 and 26/2013. 5 Sch. 1 item 6.100: S.R. No. 130/2006 as amended by S.R. No. 69/2012. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2012 is $12.53 and for the financial year commencing 1 July 2013 is $12.84. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 28 of 28 --