1. For the reasons we have set out, we are not satisfied that the proposal will not have an unacceptable impact on the quality of water within the catchment. Accordingly, we conclude that a permit should not be issued. As a failure to decide on a permit application is deemed under the Victorian Civil and Administrative Tribunal Act 1998 to be a refusal, we will affirm the decision to refuse the permit and direct that no permit be granted.

[1] We have considered all submissions presented by the parties although we do not recite all of the contents in these reasons.