RELATED: Festival VCAT bid fails
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A STOUSH between Buloke Shire Council and organisers of the Maitreya Festival is headed back to VCAT.
But this time it is the council which has initiated proceedings against the electronic music and alternative lifestyle festival's promoter.
The council will tomorrow seek to obtain enforcement orders to prevent the promoter continuing illegal works at the proposed festival site at Wooroonook Lakes.
The local government body will also seek to have the sale of tickets from the festival website stopped and to place notices on the festival's website and social media to ensure people know the event is cancelled.
It is the second time VCAT has been asked to intervene in the festival row.
The tribunal last Friday upheld a council decision to refuse organisers a permit to stage their event at the site, about 15 kilometres west of Charlton, from March 11-14.
Authorisation was denied after the organisers failed to supply relevant documents to back their application, including including insurance, security bonds, emergency contingency plans, and agreements with Liquor Licensing and Ambulance Victoria.
The hearing is also likely to consider costs.
A spokesperson said the council had met with the promoter's legal team on several occasions, including this week, with a view to finding a way forward for the event and the Charlton and district community.
"While council has always sought a solution, the reality is that there is no way the necessary work can be done in time to manage the risks of holding the festival on a long weekend," the spokesperson said.
The promoter is attempting to use a section of the Planning Act to enable the festival to go ahead at the Lakes.
This is a clause traditionally used for small scale community events, including Australia Day celebrations, and not commercial events.
Council's spokesperson said even if the clause was used, it would still require risk management work to be undertaken by the promoter, much of which was still outstanding.
"Council has a duty for the safety of its community, staff, festival patrons and Wooroonook Lakes and would not proceed without this necessary work," the spokesperson said.
Festival organisers continue to refuse to answer questions from the Bendigo Advertiser.
Friday's VCAT hearing comes as rumours continue that the festival might go ahead without a permit.
An email sent to vendors earlier this week said plans for the festival "were moving ahead" at the Lakes.
Fans of the festival, which - if it goes ahead - will celebrate its 10th year, are continuing to urge people to show up at the Lakes next week.
Others have been scathing in their criticism of festival organisers for their lack of information sharing and are demanding refunds.
The council said if the festival going ahead without the appropriate permits would expose all those in attendance to "major risks".
"Professional festival staff would surely not risk their future employment by doing this and without those staff it is hard to see how the event could occur," the spokesperson said.
"Also, insurance normally does not cover illegal events and nay incidents would expose all attending and the promoter directly to claims."
The festival website is continuing to advertise $300 tickets for sale, but no updates on the festival's status have appeared on its Facebook or Twitter accounts since this message was posted on Tuesday.
"We know you're waiting to hear from us so wanted to drop by and tell you we're busy considering the impacts of the VCAT hearing. We'll update you with a formal statement and heaps of further information as soon as we can,"it said.
"Meanwhile, sending much love and gratitude to our supporters."