Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2011 S.R. No. 136/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Scale of fees Table amended 2 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 136/2011 Victorian Civil and Administrative Tribunal Act 1998 Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2011 The Governor in Council makes the following Regulations: Dated: 29 November 2011 Responsible Minister: ROBERT CLARK Minister for Attorney-General MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Victorian Civil and Administrative Tribunal (Fees) Regulations 2001— (a) to provide for an increase in the fees payable for the commencement of certain proceedings under the Planning and Environment Act 1987 where those proceedings are entered in the Major Cases List within the Planning and Environment List; (b) to introduce hearing fees for proceedings entered in the Major Cases List within the Planning and Environment List; -- 2 of 7 -- S.R. No. 136/2011 Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2011 2 Authorised by the Chief Parliamentary Counsel (c) to provide for the payment of transfer fees and hearing fees where a proceeding is entered in the Planning and Environment List and is subsequently transferred to the Major Cases List within the Planning and Environment List. 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 3 January 2012. 4 Principal Regulations In these Regulations, the Victorian Civil and Administrative Tribunal (Fees) Regulations 20011 are called the Principal Regulations. 5 Scale of fees Table amended (1) For item 2(2)(f) in Part A of the Table in regulation 4 of the Principal Regulations substitute— "(f) Planning and Environment Act 1987 sections 39(1), 87, 89, 93, 114, 120, 121, 123, 149, 149A, 149B and 184;". (2) For item 4(zzp) in Part A of the Table in regulation 4 of the Principal Regulations substitute— "(zzp) Planning and Environment Act 1987— (i) sections 78, 81, 82, 82B, 97P and 97Q; r. 2 -- 3 of 7 -- S.R. No. 136/2011 Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2011 3 Authorised by the Chief Parliamentary Counsel (ii) sections 77, 79, 80 and 87A if the estimated cost of the development is less than $5 000 000;". (3) For item 6(c) in Part A of the Table in regulation 4 of the Principal Regulations substitute— "(c) Planning and Environment Act 1987 sections 77, 79, 80 and 87A if the estimated cost of the development is $5 000 000 or more and the proceedings are not entered in the Major Cases List within the Planning and Environment List; 103 fee units". (4) After item 6 in Part A of the Table in regulation 4 of the Principal Regulations insert— "6A. For the commencement of proceedings under sections 77, 79, 80 and 87A of the Planning and Environment Act 1987 if— (a) the proceedings are in respect of a development that does not include a dwelling (within the meaning of the Victoria Planning Provisions as defined in section 3(1) of the Planning and Environment Act 1987) where— (i) the estimated cost of that development is $5 000 000 or more; and (ii) 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 of any kind where— r. 5 -- 4 of 7 -- S.R. No. 136/2011 Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2011 4 Authorised by the Chief Parliamentary Counsel (i) the estimated cost of that development is $10 000 000 or more; and (ii) the proceedings are, by election of the applicant, entered in the Major Cases List within the Planning and Environment List; 245·5 fee units". (5) After item 1 in Part B of the Table in regulation 4 of the Principal Regulations insert— "2. For hearing proceedings arising under section 77, 79, 80 and 87A of the Planning and Environment Act 1987 if the proceedings are entered in the Major Cases List within the Planning and Environment List—for each day or part of a day 254·9 fee units 3. For hearing proceedings arising under section 82 or 82B of the Planning and Environment Act 1987 if 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—for each day or part of a day 254·9 fee units". (6) After item 6 in Part C of the Table in regulation 4 of the Principal Regulations insert— "7. For the transfer of proceedings arising under section 82 or 82B of the Planning and Environment Act 1987 if— (a) the proceedings are in respect of a development that does not include a dwelling (within the meaning of the Victoria Planning Provisions as defined in section 3(1) of the Planning and Environment Act 1987) where— r. 5 -- 5 of 7 -- S.R. No. 136/2011 Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2011 5 Authorised by the Chief Parliamentary Counsel (i) the estimated cost of that development is $5 000 000 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; or (b) the proceedings are in respect of a development of any kind where— (i) the estimated cost of that development is $10 000 000 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 219·8 fee units". ═══════════════ r. 5 -- 6 of 7 -- S.R. No. 136/2011 Victorian Civil and Administrative Tribunal (Fees) Amendment Regulations 2011 6 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 160/2001. Reprint No. 1 as at 18 April 2005. Reprinted to S.R. No. 17/2005. Subsequently amended by S.R. Nos 58/2007, 133/2007 and 14/2010. Endnotes -- 7 of 7 --