From the Secretariat – Issue 81

VCAT Hearings
DR ELIZABETH GIBSON discusses VCAT hearings with regards to, Extractive Industry applications.

The CMPA has a long standing concern at the limited appearances by Department of Economic Development, Jobs, Transport and Resources at the Victorian Civil and Administrative Tribunal (VCAT) hearings in Extractive Industry applications. Since the Extractive Industries Development Act in 1995 the Department has had a formal role in endorsement of Work Plans as a pre-condition before a planning permit application can be made. Their role also involved providing Work Authority and Work Plan conditions for these proposals. Since the Department took on the statutory referral role in 2013 they now are the lead agency in the application approval process.

It is extremely important the clearest and best advice is given by the parties involved in a VCAT hearing. If inappropriate or confl icting conditions are imposed on an approval by the Tribunal
then the only re-course the applicants have is to go to the Supreme Court which is a costly and lengthy process.

Given the Department’s technical expertise applied in the endorsement of the Work Plan we believe it is essential they attend any resultant VCAT hearing to explain their endorsement and inform the Tribunal in its determinations.

There have been a number of determinations where inappropriate conditions have been applied and permits refused based on incorrect technical interpretations by the Tribunal. We believe the Department’s attendance at these hearings would help significantly in achieving fairer and better informed outcomes. As such a letter has been written to the Minister of Energy and Resources, The Hon Lily D’Ambrosio concerning this issue.

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