The latest from VCAT - the expected conference on 14 September did not proceed - see below. The next hearing is on 31st October.

Practice day Hearing

Date - 31st October 2018

Commencement time - 10.00

Duration - 3 hours

Location - 55 King St, Melbourne

1 The compulsory conference scheduled for 2:00pm on 14 September 2018 and the hearing scheduled for four days commencing at 10:00am on 31 October 2018, are vacated.

2 This proceeding is listed for a practice day hearing in accordance with the details set out in item A above. Any changes to the hearing details will be notified by further order of the Tribunal.

1 VCAT will publish a detailed schedule of hearing times and room numbers on its website at www.vcat.vic.gov.au at about 5pm the day before the hearing. As this hearing may be listed to a later time on the day, possibly in the afternoon, parties should consult the detailed schedule.

2 The purpose of this practice day hearing is:

· To determine whether a cultural heritage management plan under the Aboriginal Heritage Act 2006 and the Aboriginal Heritage Regulations 2007 is required.

3 Parties should attend the practice day hearing with all evidence and documents which they intend to rely upon in support of their position as to whether a cultural heritage management plan is required.

4 By not later than 5 business days before the date listed for the hearing, each party must file with the Tribunal and serve on the other parties a copy of each document and statement of the evidence or report of each witness, whether that witness be an expert or a lay witness, on which that party intends to rely at the hearing not yet filed and served.

Preliminary Aboriginal heritage test

5 By no later than (17 October 2018), the Applicant may, if it wishes prepare a preliminary Aboriginal heritage test (a PAHT) in respect of the activity under section 49B of the Aboriginal Heritage Act 2006 and file with the Tribunal a full copy of the certification of that test issued by the Secretary under section 49C of the Aboriginal Heritage Act 2006.

6 In the event that certification of a PAHT is provided to the Tribunal that a mandatory CHMP is not required for the proposed activity in the activity area in the planning permit application, the scheduled practice day hearing in item A above may be vacated.