263No appeal or review of decisions under Parts 1, 2, 3 or 4 (except approval decisions)

263 No appeal or review of decisions under Parts 1, 2, 3 or 4 (except approval decisions)

(1) It is the intention of Parliament, by the enactment of this section, to preclude any appeal or review of any kind by the Supreme Court or any other court, or a tribunal (including VCAT), of any decision to which this section applies.

(2) In this section decision means—

(a) a decision of a person or body under a provision of Part 1, 2, 3 or 4 (however described) other than a decision of the Planning Minister under section 77 (a specified decision); or

(b) a purported specified decision; or

(c) a failure by a person or body to make a specified decision; or

(d) a decision or purported decision made by a person or body for the purpose of making a specified decision; or

(e) a decision or purported decision of the Planning Minister under section 77 that is taken to be a decision under an applicable law by operation of section 84.

S. 263(3) amended by No. 69/2009 s. 54(Sch. Pt 2 item 33).

(3) A decision is not liable to be challenged, appealed against, reviewed, quashed or called in question in any court or tribunal (including VCAT) on any account or before any person acting judicially within the meaning of the Evidence (Miscellaneous Provisions) Act 1958.

(4) In addition, without limiting subsection (3), no proceedings—

(a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration or injunction on any ground, including an absence of jurisdiction, an excess of jurisdiction or any other ground of review; or

(b) seeking any order under the Administrative Law Act 1978 (whether on the ground of absence of jurisdiction or excess of jurisdiction or any other ground)—

may be brought against the person or body in respect of a decision or any proceedings relating to that decision or any other matter incidental to the making of that decision.

(5) Subsections (3) and (4) apply despite anything to the contrary in an applicable law.

S. 264 repealed by No. 70/2013 s. 3(Sch. 1 item 30), new s. 264 inserted by No. 43/2021 s. 215.