1. Shooting events must be scheduled and managed to ensure that the noise limits (Impulse noise measurements) stated below are met in accordance with the Environment Protection Authority 'Noise from outdoor shooting ranges' Publication 1508 October 2012:

- All units are measured in the Impulse Noise Level dB(A)(I).

- Noise levels are to be measured outdoors at the sensitive land use and within 20 metres of the wall of the existing building which has the most noise impinging upon it (excluding the opposite side of the building from the shooting range).

1. An Acoustic Report prepared by an independent acoustic engineer must be submitted to the Responsible Authority to its satisfaction within three months of the approved use commencing.

Such a report must detail whether the noise levels associated with the use are in accordance with condition 25 and the Environment Protection Authority 'Noise from outdoor shooting ranges' Publication 1508 October 2012.

If the noise levels exceed those specified in condition 25, the report must outline a program or measures to ameliorate or attenuate noise to ensure that the levels are met, to the satisfaction of the Responsible Authority.

Shooting at the range must not continue until such time that the attenuation measures have been implemented. Thereafter, shooting activities must at all time accord with the recommendations of the report, to the satisfaction of the Responsible Authority.

1. The public address system must not be audible beyond the boundaries of the land.

1. A Soil Contamination Report must be prepared by a suitably qualified professional within two (2) years from the commencement of the use. The report must be submitted to and approved by the Responsible Authority in consultation with the EPA. The Soil Contamination Report must include five (5) sample points across the site and document:
   • (a) the soil pH levels across the site;
   • (b) remedial measures to reduce soil pH levels where they exceed 6.5;
   • (c) the soil lead levels across the site and an assessment of any contamination associated with the use of clay targets;
   • (d) remediation measures to reduce lead levels where they exceed 100mg/kg;
   • (e) where either pH or soil lead levels exceed these requirements, a course of action to manage the risks and remediate contamination; and
   • (f) any impacts of introduced contaminants on any waterway.

Ongoing testing must be undertaken for soil contamination in line with the requirements of this condition and must be benchmarked against the outcomes of the report prepared by Paul Williams & Associates dated October 2011. All ongoing tests must be submitted to and approved by the Responsible Authority in consultation with the EPA. The ongoing testing will be required on the following basis:

(a) if there is no increase to either soil pH levels or soil lead levels from the benchmark figures in the first two year period then ongoing testing every 3 years thereafter; or

(b) if at any stage the soil contamination increases beyond the benchmark figures, annual testing must be undertaken.

1. All shooting activities must be conducted in such a manner that lead shot does not fall into any watercourse (ephemeral or otherwise).
2. Vegetation cover must be maintained across all areas associated with the shooting range at 100 per cent coverage (excluding the clubhouse, parking area and approved access tracks). Silage must not be made from any vegetation within the approved area of the range.
3. Vegetation cover including grassland must not be disturbed, damaged or removed except with the further consent of the Responsible Authority.

1. The use and development must be managed so that the amenity of the area is not detrimentally affected, through the:
   • (a) transport of materials, goods or commodities to or from the land,
   • (b) appearance of any building, works or materials,
   • (c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil,
   • (d) presence of vermin,

1. This permit will expire if the use is not started within two years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.
2. Within one month of the use commencing under this permit, the permit holder must ensure that planning permit No. 300,584 is cancelled.

This permit does not authorise the sale or consumption of liquor on the land. Separate permission may be required.

[3] Approximately 3 km away from the clubhouse.

[4] Approximately 3.5 km away from the clubhouse.

[5] There is no trigger for a planning permit under the Bushfire Management Overlay although the permit holder has consented to a number of conditions intended to reduce the fire risk associated with the permitted activity.

[6] This is a key reason for the delay in issuing this order with reasons.

[8] Costanzo & Ors v Mitchell SC v Greenvale Field & Game Inc. (unreported) Application No. 300584, June 1997.

[9] Condition 3. It also provides for 2 of the 12 shooting events to be charity shoots.

[11] Compared with a total of 60 days as originally sought by the gun club - the application was amended during processing. I refer to this term for convenience in describing a competition where all participants are licensed and grouped in teams. They shoot at an identified number of clay targets over an identified number of rounds as determined for the particular event.

[12] With no shooting on Sundays or Public Holidays except with the consent of the responsible authority.

[13] Subsequently superseded by the new publication referred to in these reasons by the time this matter was listed for hearing.

[14] Including Ultra Thoroughbred Stud and O'Donnell horse training.

[15] For example, one concern that was highlighted was that the acoustic measurements considered by the council may not have included the Tribe property, being the closest constructed residence. The perceived inadequacy of consultation was another issue raised. I advised at the hearing that I was satisfied that in light of the extent of public participation I was satisfied that no further notice was required.

[16] Whose property is some 1.5km removed from the subject land.

[17] Including Cranbourne Field & Game Inc. v Bass Coast SC [2011] VCAT 373.

[18] Notwithstanding a formal designation in the planning scheme, as can be contrasted with other areas in Mitchell Shire Council.

[19] A disease involving infection which may prove fatal.

[20] I relayed details of my observations to the parties at the commencement of the accompanied component of the site inspection.

[21] Confirmed by the representative of the gun club.

[23] For the record, I did not observe this behaviour on my site inspection.

[24] As I understand has been the case for internal roads within the stud recently.

[25] Assuming a worst case scenario where 200 participants each bring their own car to and from the site.

[26] Assuming a worst case scenario where 100 participants each bring their own car to and from the site.

[27] Although some shorter shared routes may be necessary for certain properties, such as the Tribe property given its location on Tantaraboo Road.

[28] and note that it consolidates and expands upon what was formerly an interim document for many years.

[29] [2011] VCAT 1640.

[30] I was advised that this had been organised on two occasions but was not proceeded with.

[31] Ideal conditions are identified in the guidelines as providing for a gentle breeze in the prevailing direction of the receptor. Although I am not suggesting that testing undertaken during very poor conditions would be wise or necessarily helpful.

[32] Such as topographical shielding, which was discussed in evidence in this case.

[33] But falling within the criteria for once a week since the next level down is for less than once per month.

[34] Compared with 55dB(A) where shooting occurs once a week on average.

[35] Such as steel shot or biodegradable targets.

[37] Most recently at 10ppm, with EPA interest from 100ppm upwards.

[38] Substantial evidence was given about this practise at the hearing.

[39] Subject to other related permissions being obtained.

[40] In practise, such activities are likely to be more confined in hours and a more limited number of stands will be used as outlined by Mr Drew on the accompanied inspection.

[41] Subject to compliance with firearms legislation.

[42] In any event, it is possible that this matter could be controlled by Local Laws.

[43] Referring to sections 72-76D at present concerning amendment of permits by the responsible authority.

[44] Via section 72 of the Planning and Environment Act 1987.

[45] Which permits a power to be conferred by amending legislation to be exercised between the time the legislation is passed but before it comes into operation, to take effect after the legislation comes into operation.