185Application to VCAT

185 Application to VCAT S. 185(1) substituted by No. 52/1998 s. 311(Sch. 1 item 55.6), amended by No. 67/2008 s. 62(2). (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— S. 185(2)(a) amended by No. 34/1996 s. 24(c). (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 S. 185(2)(b)(ii) amended by No. 13/1990 s. 31(h). (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. S. 185(3) substituted by No. 52/1998 s. 311(Sch. 1 item 55.7), amended by No. 67/2008 s. 62(3). (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. S. 185(4) substituted by No. 52/1998 s. 311(Sch. 1 item 55.7), amended by No. 67/2008 s. 62(4). (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. S. 185AA inserted by No. 52/1998 s. 311(Sch. 1 item 55.8), amended by No. 67/2008 s. 63(1). 185AA Application for declaration (1) A person may apply to VCAT for a declaration concerning the validity of a decision referred to in section 185(1). S. 185AA(2) amended by No. 67/2008 s. 63(2). (2) On an application under subsection (1) VCAT may make any declaration it thinks appropriate in the circumstances. S. 185AA(3) amended by No. 67/2008 s. 63(3). (3) VCAT's power to make a declaration under this section is exercisable only by a presidential member of VCAT. S. 185AB (Heading) inserted by No. 67/2008 s. 64(1). S. 185AB inserted by No. 52/1998 s. 311(Sch. 1 item 55.8), amended by Nos 109/2003 s. 93(b), 67/2008 s. 64(2). 185AB Matters VCAT must take into account In determining an application for review or for a declaration under section 185 or 185AA, VCAT must— (a) take into account any relevant planning scheme; and S. 185AB(b) amended by No. 81/2004 s. 49. (b) where appropriate, have regard to any planning scheme or amendment adopted by a planning authority under the **Planning and Environment Act 1987** but not, as at the date the application is determined, approved by the Minister or the planning authority. Pt 8A (Heading and ss 185A–185C) inserted by No. 33/1995 s. 3, amended by Nos 33/1995 s. 3, 34/1996 s. 25, 67/2008 s. 65, 109/2003 s. 88, substituted by No. 65/2015 s. 8.