Planning and Environment List
Administrative Division
Application for Enforcement Order under section 114 and
Interim Enforcement Order under section 120
of the Planning and Environment Act 1987
Making an application
Information that must accompany your application
You must include the following material with your application form:
 A title search of the land (not more than 14 days old)

Copy of any relevant planning permit

Copy of any relevant Section 173 Agreement

Facts relied on, if a separate sheet is necessary

Details of proposed order(s), if a separate sheet is necessary

List of the names and addresses of all respondents, if a separate sheet is necessary

List of names and addresses of affected persons, if a separate sheet is necessary
You must also provide information about the zone, overlays or other planning controls that affect the land.
You may need to obtain this information from the responsible authority if you do not know the details.
If your application is incomplete and you do not include all the material and information required,
plus payment of the fee, your application may be rejected or struck out.
What will happen after you lodge your application?
After you lodge your application, the Tribunal will allocate a date for a practice day hearing to consider the
application and its future conduct. The Tribunal will issue an initiating order setting out the date for the
practice day hearing and giving directions about steps that you and other parties to the proceeding must
comply with. The initiating order will set dates by which each step must be completed. A date will not be
allocated until your application is complete.
If you fail to comply with the Tribunal’s initiating order by the dates specified in the order, your
application may be struck out without further notice. If you are unable to comply with any aspect of
the initiating order, you must apply to the Tribunal in writing for an extension of time.
Information about enforcement orders
Please read VCAT’s Practice Note PNPE4 – Enforcement Orders & Interim Enforcement Orders
before completing this form.
Victorian Civil and Administrative Tribunal (VCAT)
55 King Street Melbourne VIC 3000
Website www.vcat.vic.gov.au
GPO Box 5408 Melbourne VIC 3001
Email
vcat-admin-division@justice.vic.gov.au
Ausdoc DX 210576 Melbourne)
(Updated 1/1/15)
Telephone 03 9628 9777
Facsimile
03 9628 9789
Planning and Environment List
Administrative Division
Section 114 & 120
VCAT Reference Number (Office Use Only) P
/
Name of Applicant(s)
Full Name
Address and Contact Details of Applicant(s)
All correspondence will be sent to the applicant(s) at this address or email, unless the ‘Details of
Representative’ section is completed, in which case all correspondence will be sent to the representative
address or email. Complete only one section. DO NOT COMPLETE BOTH SECTIONS. Address for
service must be a Victorian address – VCAT Rules 2008 Order 4.08.
Address for service
Business phone
After hours phone
Mobile
Fax number
Email
Details of Representative
Name/Firm
Reference Number/ Contact person
Address for service
Business phone
After hours phone
Mobile
Fax number
Email
Details of Respondents
Who is the order to be made against?
List the names and addresses of the persons or firms to be subject to the order. Attach a separate list if
necessary.
Respondent 1 – name
Address
Respondent 2 – name
Address
Respondent 3 – name
Address
Victorian Civil and Administrative Tribunal (VCAT)
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Details of other affected persons
Are there any other persons who may be adversely affected by the enforcement order?
List the names and addresses of other persons or firms who may be adversely affected by the
enforcement order or by the contravention. Attach a separate list if necessary.
Person 1 – name
Address
Person 2 – name
Address
Person 3 – name
Address
Information about the land
If there is no conventional address (street number, street and locality) insert a land description:
•
Certificate of Title volume and folio;
•
Lot and lodged plan number;
•
Crown allotment; or
•
Section number /Township/Parish.
Address or description of the land to which the enforcement order will apply
Responsible Authority
Details of the contravention
What provisions of the Planning and Environment Act 1987, the planning scheme,
planning permit or section 173 agreement are being contravened?
Specify the relevant sections of the Act, clauses of the planning scheme, conditions in the permit or
paragraphs of the section 173 agreement
Do not refer to section 126 Planning and Environment Act 1987. Section 126 makes it an offence to
contravene a planning scheme, permit or section 173 agreement. The Tribunal has no jurisdiction
regarding an offence under section 126.
Planning and Environment Act 1987
(sections)
Planning scheme (clauses)
Planning permit (conditions)
Section 173 agreement (paragraphs)
Please provide the following information and material to assist the Tribunal to process
your application as expeditiously as possible.
What is the name of the relevant planning
scheme, the zone and any overlay or other
control applying to the subject land?
Victorian Civil and Administrative Tribunal (VCAT)
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Provide a copy of the relevant permit or
section 173 agreement and all relevant
endorsed plans or other documents
approved under the permit or agreement.
Provide any other relevant reports,
correspondence or material.
Describe the nature of the contravention and the facts you rely on to support your
application. Attach a separate sheet if necessary.
Proposed orders
An enforcement order should be drafted having regard to section 119(b) of the Planning and Environment
Act 1987. Section 119 provides that the Tribunal may direct any person against whom an enforcement
order is made to do one or more of the following:
 Stop certain use or development within a specified period.
 Not to start certain use or development.
 Maintain a building in accordance with the order.
 Do specified things within a specified period to –
 Restore the land as nearly as practicable to its condition immediately before the use or
development started or to any condition specified in the order or to any other condition to the
satisfaction of the responsible authority or other specified person or body.
 Otherwise ensure compliance with the Act, planning scheme, permit condition or section 173
agreement.
It is not sufficient to specify the enforcement order in general terms only, such as ‘remediate the land’.
Please specify time limits for undertaking any actions proposed in the enforcement order.
Specify in precise terms the enforcement order you propose.
The terms of the order should be capable of being included in an order by the Tribunal. Attach a separate
sheet if necessary.
Victorian Civil and Administrative Tribunal (VCAT)
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Other proceedings affecting the land
Do you know of any other planning proceedings relating to or affecting the land, such as a
permit application or an application for review?
If so, give details including Tribunal reference numbers, if possible.
Attachments
Attach the following documents to this application. Tick and reference the attachments provided.
Attach a separate schedule of attachments if necessary.
 A title search of the land (not more than 14 days old)
Ref. No.
 A copy of the planning permit
Ref. No.
 A copy of the section 173 agreement
Ref. No.
 A copy of any endorsed plans
Ref. No.
 Details of the contravention and facts relied on, if a separate
Ref. No.
sheet is necessary
 Details of proposed order(s), if a separate sheet is necessary
Ref. No.
 List of respondents, if a separate sheet is necessary
 List of affected persons, if a separate sheet is necessary
 Other attachments (if relevant)
Ref. No.

Ref. No.
Hearing time and complexity
Estimate the time it will take you to present your complete case at the hearing
(submissions plus witnesses) and the number of expert witnesses you intend to call, if any.
Time to make submissions & present evidence:
Number of witnesses:
evidencennnneeevidenceevidence
Hours
Minutes
Expertise:
See VCAT’s Practice Note PNVCAT2 – Expert Evidence for information about the obligations of expert
witnesses and what must be included in the report of an expert witness.
Are you seeking mediation?
 Yes
 No
Interim enforcement order
Do you intend to apply for an interim enforcement order under section 120 of the Planning
and Environment Act 1987? If so, you must complete Part B of this form and pay an extra fee.
 Yes
Victorian Civil and Administrative Tribunal (VCAT)
 No
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PART B – INTERIM ENFORCEMENT ORDER
Only complete this part if you wish to apply for an interim enforcement order. An additional fee or
application for waiver must accompany an application for an interim enforcement order.
Section 120 of the Planning and Environment Act 1987 enables an interim enforcement order to be made
in urgent cases to maintain existing circumstances pending the hearing of an application for an
enforcement order under section 114 of the Act.
An application must be made for an enforcement order under section 114 before an application for an
interim enforcement order under section 120 can be heard. The two applications may be lodged
simultaneously. An application for an interim or ex parte interim enforcement order should only be made
when there is genuine urgency.
An application for an interim enforcement order or an ex parte interim enforcement order (made without
notice to any person) should be supported by an affidavit swearing to the truth of the contents of the
application and of any other facts on which the application is based.
Reasons for applying for an interim enforcement order
Why do you want an interim enforcement order?
State what harm you expect to happen if an order is not made. What would be the effect of not making
the interim enforcement order? Attach a separate sheet if necessary
Ex parte interim enforcement order
Has notice of this application been given to any other party?
 Yes
 No
If no, explain why the case is so urgent that an interim enforcement order should be made
before notice is given to any other person about this application? Attach a separate sheet if
necessary.
Undertaking as to damages
If you apply for an interim enforcement order, you will normally be required to give an
undertaking as to damages. If you give an undertaking as to damages and your application for
an enforcement order is not successful, you may be liable to pay compensation
(section 120(3)(b) of the Planning and Environment Act 1987).
Are you prepared to give the following undertaking as to damages?
 Yes
 No
Undertaking
If the Tribunal ultimately decides that the application for an enforcement order should not be
granted, and a court or the Tribunal decides that any person has suffered loss or damage as a
result of the making of the interim enforcement order and further decides that I should
compensate that person for the loss and damage suffered, I undertake that I will pay the amount
assessed by the court or the Tribunal to that person.
Victorian Civil and Administrative Tribunal (VCAT)
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Proposed interim enforcement order
An interim enforcement order should be drafted having regard to section 120(4) of the Planning and
Environment Act 1987. Section 120(4) provides that the Tribunal may direct any person against whom an
interim enforcement order is made to do one or more of the following:
 Stop the use or development immediately or within a specified period.
 Not to start the use or development.
 Do specified things to ensure compliance with the Act or a planning scheme, permit condition or
agreement under section 173.
Specify in precise terms the interim enforcement order you propose.
The terms of the order should be capable of being included in an order by the Tribunal. Attach a separate
sheet if necessary.
Victorian Civil and Administrative Tribunal (VCAT)
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Acknowledgement
I acknowledge that:
 To the best of my knowledge, all information provided in this application is true and correct
and that no details relevant to the application have been left out.
 I approve the information that has been provided.
 It is an offence under section 136 of the Victorian Civil and Administrative Tribunal Act 1998
to knowingly give false or misleading information to VCAT.
Category of person completing this application:
 Applicant in person
 Authorised Representative
Name of person completing this application (print)
Date
Checklist
Before you lodge this application, make sure that:

You have signed and dated your application.

You have completed all details and responded to all questions.

All documents regarding fees (e.g. fee waiver documents, credit card form or cheque) are
supplied with your application.

You have attached and properly referenced all of the attachments listed in this form.
Fees
You must pay the relevant application fee at the same time you lodge this form. Fees may
change each year. To find out about the current fee, visit the VCAT website www.vcat.vic.gov.au
or call VCAT on 9628 9777.
VCAT may waive the requirement to pay a fee in some instances. Details are available on the
VCAT website. You should apply for a waiver at the same time that you lodge this form.
Application Fee for enforcement order
$
Application fee for interim enforcement order
$
Total fees
$
Fees can be paid via money order, cheque, cash or credit card.
Money orders and cheques are to be made payable to ‘VCAT’. Cash payments will only be
accepted if you are delivering this application in person to VCAT. Do not send cash in the mail. If
faxing or emailing the application, you can only pay by credit card.
If you wish to pay the fee by credit card, please fill in the details on the next page.
Victorian Civil and Administrative Tribunal (VCAT)
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Payment by Credit Card
If paying by credit card, fill in the details here.
 Visa
Amount
 Mastercard
 Bankcard
 Amex
($)
Name on Card
Card Number
Expiry date
Signature
Lodgement and Contact Information
Lodge this completed form, any attachments and the applicable fee by:
Email to:
vcat-admin-division@justice.vic.gov.au
Mail to:
The Principal Registrar
VCAT
Planning and Environment List
GPO Box 5408
MELBOURNE VIC 3001
DX delivery to:
The Principal Registrar
VCAT
Planning and Environment List
DX 210576
MELBOURNE Victoria
Deliver in person during
office hours to:
The Principal Registrar
VCAT
Planning and Environment List
Ground floor, 55 King Street
MELBOURNE VIC 3001
Office Hours: Monday to Friday from 9:00am to 4:30pm
Fax to:
The Principal Registrar
VCAT
Planning and Environment List
Fax Number: 9628 9789
Victorian Civil and Administrative Tribunal (VCAT)
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