Posted 23/9/11
Sunday, 18 September 2011
Attorney-General Robert Clark today announced the Victorian Coalition Government will reinstate a major cases planning list at the Victorian Civil and Administrative Tribunal (VCAT).
Funding provided by the previous government for a Major Cases List pilot program ceased earlier this year and the pilot program closed to new cases on 18 March.
"Assessment of the Major Cases List pilot program showed it had enabled VCAT to achieve considerable success in reducing waiting times for major case matters," Mr Clark said.
"However, it is not reasonable to expect the Major Cases List to be funded by taxpayers on an ongoing basis, particularly in the current financial climate where Victoria has suffered a $4.1 billion cut in Commonwealth GST revenue, and given other priorities for taxpayer dollars such as roads, police and hospitals.
"Accordingly, the Government has decided to reinstate the list on a user pays, full cost recovery, basis. The charging of higher fees for higher value cases is consistent with the practice in other jurisdictions, such as the NSW Land and Environment Court, which charges a $6,146 filing fee for corporations with developments worth more than $1 million.
"The user fees will be paid by the developer or other applicant seeking to have the case included in the major cases list. This in turn will reduce case numbers and free up resources in the general planning list, so other cases can also be heard more quickly.
"Reinstating the major cases list will help provide faster decisions on proposals for shops, offices, factories and other projects that will help create jobs and build productivity.
"It is important to emphasise that the purpose of the Major Cases List is to provide a fast-track decision; not to provide a fast-track guaranteed approval. All cases included on the major cases list will be decided on their merits and in accordance with the law, just as they would be if heard on the general planning list."
The Government has also decided to increase the threshold for residential developments to qualify for the Major Cases List from $5 million to $10 million.
"Given current project values, the Government has concluded that a threshold of $5 million was too low for a residential development project to be regarded as a "major case", and that a $10 million threshold was more appropriate.
"However, the threshold will remain at $5 million for industrial, commercial and other non-residential projects, so as to minimise delays in decisions on projects intended to support economic activity and on-going job creation opportunities.
Applicants wishing to have a case included on the Major Cases List will pay an initial fee of $3,000 (excluding GST) together with a daily hearing fee of $3,115 (excluding GST).
The necessary regulations to re-establish the list are currently being finalised. It is expected the list will re-commence in the next few months.