The respondents' application for summary dismissal under s 75 VCAT Act was itself dismissed; the substantive application by Coliban Water for declarations under s 305A Water Act regarding liability for approximately $543,000 in water and sewerage fees proceeds to a main hearing. The Tribunal held that a water corporation is a 'person' for the purposes of s 305A because it is a 'body corporate' falling within the s 3 definition of 'person', and that s 305A confers original jurisdiction not conditional on the commencement or completion of the s 266 objection and review process — it suffices that the declarations concern matters that 'could' in the future form the subject of an application for review. The decision does not resolve the substantive question of whether the fees were lawfully imposed on separate occupancies under s 259(9), leaving that for the main hearing.
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