Victorian Consolidated Legislation

Local Government Act 1989 - SECT 185

Application to VCAT

185. Application to VCAT





(1) A person may apply to VCAT for review of a decision of a Council imposing
a special rate or special charge on that person.





(2) The person must apply-

   (a)  within 30 days after the date of issue of a notice to the person of
        the special rate or special charge; and

   (b)  on the ground that-

   (i)  the works and projects or the period of maintenance for the purposes
        of which the special rate or special charge was imposed are not or
        will not provide a special benefit to that person; or

   (ii) the basis of distribution of the rate or charge amongst those persons
        who are liable to pay it is unreasonable; or

   (iii) if the planning scheme for the area contains any relevant policies or
        specific objectives, the works and projects proposed for the
        construction of a road or for the drainage of any land are
        inconsistent with those policies or objectives; or

   (iv) if the planning scheme for the area does not contain any relevant
        policies or specific objectives, the works and projects proposed for
        the construction of a road or for the drainage of any land are
        unnecessary, unreasonable, excessive, insufficient, unsuitable or
        costly, having regard to the locality or environment and to the
        probable use of the road or drainage of the land.

(3) On a review, VCAT may, by order-

   (a)  vary the special rate or special charge declared by the Council in
        relation to its application to the applicant; or

   (b)  set aside the special rate or special charge if satisfied that the
        ground in subsection (2)(b)(ii), (iii) or (iv) is established; or

   (c)  dismiss the application and confirm the special rate or special
        charge.

(4) If VCAT sets aside a special rate or special charge made in a particular
year, the Council may declare and levy a new special rate or special charge
for that year even if the year has ended.