Australia, Sept. 19 -- Victorian Civil and Administrative Tribunal issued text of the following judgement on Sept. 17:

Varied decision by Environment Protection Authority under s 51A of the Victorian Civil and Administrative Tribunal Act 1998 (Vic)

1. I confirm the decision under review in proceeding P951/2024 is the varied decision of the Environment Protection Authority made on 12 September 2024 under s 51A of the Victorian Civil and Administrative Tribunal Act 1998 (Vic).

2. I confirm under s 51A(3) Victorian Civil and Administrative Tribunal Act 1998 (Vic) that the proceeding continues, and is taken to be a proceeding for review of the decision as varied by the Environment Protection Authority.

Stay of decision granted

3. The operation of the decision of the Environment Protection Authority to issue varied Amended Environmental Action Notice EAN - 0006679-1 made on 12 September 2024 is stayed under s 50(3) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic), pending the final determination of the proceeding, or by further order of the Tribunal.

Hearings

4. The details set out in the Tribunal's initiating order are confirmed.

The proceeding is listed for two practice day hearings, a compulsory conference and a hearing as detailed below.

The compulsory conference and hearing will be at 55 King Street, Melbourne.

If there is any change to these details, the Tribunal will notify you.

Table omitted can be viewed at: (https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2024/888.html)

5. By 10 October 2024, all parties must give the Tribunal and the other party/s a Statement of Contentions setting out:

* An outline of the primary contentions of fact or law relied upon by that party to support its position in the proceeding, and a summary of the basis for those contentions. The outline should be sufficient to enable all relevant issues in the proceeding to be identified.

* The name of any witness retained in the matter as at the date of the Statement of Contentions and a brief summary of the evidence to be adduced by that witness. The Statement of Contentions should preferably not exceed six pages. The copy for the Tribunal must be sent to admin@vcat.vic.gov.au.

Practice Day Hearing 1 on 17 October 2024

7. The purposes of this practice day hearing are:

* To consider the Statements of Contentions filed by the parties in order to identify and clarify the real issues in dispute in the proceeding.

* To give directions about the future conduct of the proceeding.

8. Parties must attend the practice day hearing with the following information:

* Details of any other applications at the Tribunal that are related to this application.

* All evidence and documentation relating to the specific purpose of the practice day hearing (where relevant).

9. If a party is seeking specific orders or directions at the practice day hearing, a draft Microsoft Word copy of the orders or directions must be lodged electronically with the Tribunal and provided to the other parties. The copy for the Tribunal must be sent to admin@vcat.vic.gov.au. This must be completed 5 business days prior to the practice day hearing.

Practice Day Hearing 2 on 12 December 2024

10. The purpose of this practice day hearing will be:

* To give directions about the future conduct of the proceeding following the compulsory conference if the matters in contention have not been resolved.

11. If a party will be seeking specific orders or directions at this practice day hearing, a draft Microsoft Word copy of the orders or directions must be lodged electronically with the Tribunal and provided to the other parties. The copy for the Tribunal must be sent to admin@vcat.vic.gov.au. This must be completed 5 business days prior to the practice day hearing.

Compulsory conference

12. All parties must attend the compulsory conference either in person or by a representative who has permission to settle the proceeding on their behalf.

(See more information in Appendix B of this order).

13. By no later than 10 business days prior to the compulsory conference the applicant must give all parties a copy of any amended plans, proposal or conditions it wants to discuss or rely upon at the compulsory conference. The copy for the Tribunal must be sent to admin@vcat.vic.gov.au.

14. If this proceeding is about a permission or notice, then the decision maker must give the Tribunal and all parties an electronic copy in Word format of 'without prejudice' conditions or requirements that may be discussed at the compulsory conference. The copy for the Tribunal must be sent to admin@vcat.vic.gov.au. This document must be received by all parties and the Tribunal 5 business days prior to the compulsory conference.

*Rest of the document and Footnotes can be viewed at: (https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2024/888.html)

Disclaimer: Curated by HT Syndication.