Final Approvals of any Development
In the case of the ocean access boat ramp at Bastion Point, the Ministers with final approval are the Minister for Environment and the Minister for Planning. The Minister for Primary Industries (see below)and The Minister for Aboriginal Affairs will also need to give their approvals.
Works undertaken on coastal Crown land require approval under the provisions of the Coastal Management Act 1995. The decision maker is the Minister for Environment. According to the Environment Impact Assessment process, this decision will be made concurrent to the Minister for Planning’s Assessment and is most likely to be consistent with the Assessment recommendation.
A Planning Permit is required under the East Gippsland Planning Scheme for removal of native vegetation. The decision maker is the Minister for Planning. The Shire will prepare the planning permit concurrently with the EES. The Minister’s panel will review the planning permit and make its recommendation about the permit as part of its overall review of the EES.
Procedural rights, in accordance with the Native Title Act 1993 (Federal), would need to be extended to the existing native title determination Applicants, the Bidwell Peoples, and to the State representative body, Native Title Services Victoria. This is not an approval, it is instead procedural. The Bidwell Peoples would be notified of the proposal and have a period in which to respond. The Aboriginal Heritage Act (2006) requires a permit to be obtained from a Registered Aboriginal Party (as determined by the Victorian Aboriginal Heritage Council) before any investigation of Aboriginal sites.
Permission is required to remove protected flora and fish from public land under the Flora & Fauna Guarantee Act 1988. If the permit is not given under this FFG Act, one must be obtained under the Fisheries Act 1995 to remove or damage Protected Aquatic Biota. This is the responsibility of the Department of Primary Industries.