499General provisions relating to VCAT

499 General provisions relating to VCAT (1) Subject to section 475, an application to VCAT for review of a decision made under a provision of the old Act before the commencement day that had not been finally determined before that day is to continue to be determined on and after that day as if the old Act were still in force. (2) Subject to section 475, a person who, immediately before the commencement day— (a) had a right to make an application to VCAT for review of a decision made under a provision of the old Act; and (b) had not done so before that day— may make such an application on or after that day, within the period allowed under the old Act for making that application, as if the old Act were still in force and the application is to be determined as if the old Act were still in force. (3) Subsection (4) applies to a decision made under a provision of the old Act before the commencement day that, on or after that day, is under the **Victorian Civil and Administrative Tribunal Act 1998**— (a) affirmed or varied by VCAT; or (b) set aside and another decision substituted for it by VCAT; or (c) set aside by VCAT and another decision made by the decision-maker on the matter being remitted to the decision-maker by VCAT for re-consideration. (4) A permission arising by operation of the decision is taken to be a permission under the new Act of a kind that it would have been taken to be by operation of this Chapter had an application not been made to VCAT for review of the decision made under the old Act. See also section 51(3) of the **Victorian Civil and Administrative Tribunal Act 1998**. Pt 16.9 (Heading) 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). Part 16.9—Transitional provisions: Regulations Division 1—Saving of Environment Protection (Industrial Waste Resource) Regulations 2009 S. 25 substituted by No. 39/2018 s. 19, renumbered as s. 500 by No. 39/2018 s. 22.