On 3 January 2012 the Major Cases List was reintroduced as a sub-list of the VCAT Planning and Environment List, this time as a "user pays" model.

The Major Cases List was reintroduced following a 12 month pilot program, which successfully expedited hearing dates and reduced delays for major cases by fast-tracking applications with a development value of more than $5 million in a separate major cases list. Hearings in the Planning and Environment List are currently being listed as late as six months after an application is lodged with the Victorian Civil and Administrative Tribunal (VCAT). In comparison, final hearings in the Major Cases List are expected to be listed within 14 weeks, and decisions provided within four weeks of the hearing.

Hearings in the Planning and Environment List are currently being listed as late as six months after an application is lodged with the Victorian Civil and Administrative Tribunal (VCAT). In comparison, final hearings in the Major Cases List are expected to be listed within 14 weeks, and decisions provided within four weeks of the hearing.

The key change from the pilot program is that the reintroduced Major Cases List will operate as a "user pays" system. Applicants will be required to pay an application fee of $3,000 and an additional fee of $3,114.90 for each day that the hearing runs. VCAT has indicated that over time the additional fees generated through the Major Cases List are intended to free up additional resources for other planning cases and all of the fees will be allocated to improve the performance of the VCAT Planning and Environment List.

Other features of the Major Cases List include:

  • An applicant that meets the thresholds for eligibility can apply to have a proceeding included in the Major Cases List, but if the matter is included they cannot later apply to "opt out" from the Major Cases List.
  • The threshold for inclusion of industrial, commercial and other non-residential developments in the Major Cases List will remain at $5 million "estimated cost of development." The threshold for residential developments has increased to $10 million.
  • A new procedure will be adopted which involves the issue of standard initiating directions for advertising of an application, a compulsory practice day hearing and compulsory scheduling of a date for mediation (however the mediation may be cancelled at the discretion of VCAT).

Responsible authorities and referral authorities will need to be able to respond to the information requests and speedy timetable of the Major Cases List. They may need to identify an officer to handle this matter to ensure an appropriate response.

Further information, including relevant application forms and the revised practice note "PNPE8 - Major Cases List", can be found on the VCAT website here.

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