Event and Time
Event Description
- Context: Walsh Ballarat Quarries Pty Ltd seeks an expansion of its quarry into a neighboring area, which has been classified as one with 'cultural heritage sensitivity' under the Aboriginal Heritage Act 2006.
- Key Players:
- Walsh Ballarat Quarries Pty Ltd (Applicant) - Department of Environment, Land, Water and Planning (DELWP) - Ballarat City Council (First Respondent) - Andrea Strawhorn (Second Respondent/Neighbor)
- Judicial Body: Victorian Civil and Administrative Tribunal (VCAT)
Application and Claims
- Walsh Ballarat Quarries' Claim:
- Obtained necessary approvals under the Mineral Resources (Sustainable Development) Act 1990. - Argued that no cultural heritage management plan (CHMP) was required for the quarry expansion due to a self-imposed 20-meter buffer from areas of cultural sensitivity.
- Ms Strawhorn's Objection:
- Contended that a CHMP was necessary under the Aboriginal Heritage Act 2006, claiming the expansion area fell within the cultural heritage sensitivity due to its proximity to identified wetlands.
Judicial Decisions
- The Victorian Civil and Administrative Tribunal concluded that a CHMP was required, leading to the setting aside of the Ballarat City Council’s decision and remitting the permit application for re-evaluation under the Aboriginal Heritage Act 2006.
Dispute Points and Legal Basis
Dispute Points
- Walsh Ballarat Quarries' Arguments:
- Asserted a CHMP was not needed due to the 20-meter buffer. - Complained of denial of procedural fairness, particularly regarding the Tribunal’s refusal to allow new evidence.