Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 52

Limitation of courts' jurisdiction in planning matters

52. Limitation of courts' jurisdiction in planning matters



(1) The Supreme Court, the County Court or the Magistrates' Court does not
have jurisdiction to hear, or continue to hear, or determine any proceeding in
which a person bringing the proceeding brings in issue the matter of the
exercise of, or the failure to exercise, a power under a planning enactment
if-

   (a)  the Tribunal has jurisdiction to review the matter of the exercise of,
        or the failure to exercise, that power; and

   (b)  the matter-

   (i)  has not been the subject of a proceeding in the Tribunal; or

   (ii) if it has been the subject of a proceeding in the Tribunal, has not
        been determined by the Tribunal; or

   (iii) if it has been determined by the Tribunal, the time for appeal
        against an order of the Tribunal in the proceeding has not expired; or

   (iv) if an appeal has been brought against an order in the proceeding, the
        appeal has not been determined.

(2) If the Supreme Court, the County Court or the Magistrates' Court is of the
opinion that there are special circumstances that justify the hearing by the
Court of a proceeding to which subsection (1) applies, the court may direct
that subsection (1) does not apply to that proceeding.

(3) If a court determines a proceeding to which subsection (1) applies but
does not give a direction under subsection (2), nothing in this section
invalidates the decision of the court.

(4) In this section-

planning enactment means-

   (a)  Catchment and Land Protection Act 1994;

   (b)  Environment Protection Act 1970;

   (c)  Extractive Industries Development Act 1995;

   (d)  section 41 of the Flora and Fauna Guarantee Act 1988;

   (e)  section 185 of the Local Government Act 1989;

   (f)  Planning and Environment Act 1987 (except sections 94(5) and 105);

   (fa) section 57 of the Road Management Act 2004;

   (fb) section 126 and Schedule 2 of the Road Management Act 2004;

   (fc) section 132 of the Road Management Act 2004 and regulations made under
        that section;

   (g)  Subdivision Act 1988 (except Division 5 of Part 5 and section 39);

   (h)  section 56 of the Transport Act 1983 and regulations made under that
        section;

   (i)  Water Act 1989 (except section 19).



Subdivision 3-Matters of privilege and policy