Appendices

Appendix A

Order in Council

Appendix B

Amended Order in Council

Appendix C

About landslides

What are landslides?

  1. Landslides are a worldwide phenomenon. They range from extremely minor examples of boulders being dislodged, through to significant catastrophes that result in tens of thousands of deaths,1 widespread damage to the environment and cultural heritage,2 and significant economic loss.3
  2. There are a range of definitions used nationally and internationally to describe landslides. Geologists, engineers, planners and emergency management professionals all use slightly different or overlapping definitions.4 In general, ‘landslide’ can be defined as the “downslope movement of soil, rock and organic materials”, under the “effect of gravity and also the landform”.5 Terms such as landslip, mass movement and slope failure are interchangeable with landslide.6

Why do landslides happen?

  1. Landslides can be ‘triggered’ by a range of factors, including soil moisture. Indeed, the US Geological Survey considers that “slope saturation by water is a primary cause of landslides”.7 Research into known-causes of landslides in the European Union reinforces that conclusion, on the basis that landslides “commonly [occur] due to extreme weather events, such as heavy rainfall and floods”.8
  2. Slope or soil saturation can also be caused by changes in ground water levels and surface water levels. For this reason, flooding and landslides are often closely related, with landslides occurring as a consequence of floods, because of their links to precipitation, runoff and saturation of the ground by water.9
  3. Landslides can occur quickly in seconds, or take place over an extended period. They represent a specific hazard in mountainous, coastal and steeply banked areas, with their “impact depend[ent] largely on their size and speed”.10 The extent or outcome of landslides can also be vastly different. They can vary in size from a boulder falling a few metres down a hill to millions of cubic metres of material travelling kilometres into large towns and cities.
  4. There are a range of preparatory factors and features in a landscape that can contribute to slope failure and land sliding.11 These include the basic geology of the environment, steepness of the terrain, vegetation, groundwater conditions, and exposure to weathering, deforestation and erosion. Landslides are also often the result of natural weather events such as earthquakes, bushfires or torrential storms due to their destabilising impact on the terrain.
  5. Human activities can also impact the likelihood and severity of landslides. Expanding populations, both into new areas, or enlargement of existing residential areas, have been identified as a primary means through which people contribute to landslides, especially where that change leads to “[d]istributing or changing drainage patterns”.12 Potential factors that may contribute to landslide susceptibility include, but are not limited to, loading the slope by filling or discharging water (such as from leaking pipes), unsupported cuts or the removal of vegetation.13
  6. The United States Geological Survey also notes that landslides can occur in areas that were “once stable…due to other human activities such as irrigation, lawn watering...leaking pipes and improper excavating or grading on slopes”.14 However, an area that may be at risk of landslide or has susceptible geology, may still be considered appropriate to develop or build on, subject to landslide zoning analysis, engineering factors, and a consideration of the impact of building on the natural environment.
  7. Importantly, for the purposes of this Report and consistent with scientific and emergency management discourse in Victoria, landslides are related but distinct from avalanches and coastal erosion. Avalanches involve the movement of snow and/or ice from mountain slopes. Coastal erosion involves the removal of sediments to bedrock from the shoreline through waves, currents and land subsidence, which is often expedited by extreme weather events such as coastal storms, surges, flooding and tsunamis.

Appendix C Endnotes

  • 1 Examples include a landslide in Haiyuan, China in 1920 that killed 200,000 people, a landslide in Vargas province, Venezuela in 1999 that killed 30,000 people and caused losses of up to US$4 billion and a landslide in Armero, Columbia in 1985 that killed 24,000 people and caused estimated losses of US$218 million. See, Lynn Highland and Peter Bobrowsky, The Landslide Handbook— A guide to understanding landslides (U.S. Geological Survey Circular 1325, 2008) 17; World Atlas, ‘The Deadliest Landslides in Recorded History’, Natural Disasters (Web Page, 25 February 2023) <https://www.worldatlas.com/natural-disasters/the-deadliest-landslides-in-recorded-history.html#h_70877193275871677328438268>.
  • 2 See, Lynn Highland and Peter Bobrowsky, United States Geological Survey, The Landslide Handbook – A guide to Understanding Landslides (2008) 17.
  • 3 United States Geological Survey, ‘Catastrophic Landslides of the 20th Century – Worldwide’, Landslide Hazards Program (Web Page, 25 June 2018) <https://www.usgs.gov/programs/landslide-hazards/science/catastrophic-landslides-20th-century-worldwide>.
  • 4 Lynn Highland and Peter Bobrowsky, United States Geological Survey, The Landslide Handbook – A Guide to Understanding Landslides (2008) 4.
  • 5 Lynn Highland and Peter Bobrowsky, United States Geological Survey, The Landslide Handbook – A Guide to Understanding Landslides (2008) 4.
  • 6 Lynn Highland and Peter Bobrowsky, United States Geological Survey, The Landslide Handbook – A Guide to Understanding Landslides (2008) 4.
  • 7 Lynn Highland and Peter Bobrowsky, United States Geological Survey, The Landslide Handbook – A Guide to Understanding Landslides (2008) 30.
  • 8 Ubydul Haque et al, ‘Fatal landslides in Europe’ (2016) 13(6) Landslides 1545-1554.
  • 9 Lynn Highland and Peter Bobrowsky, United States Geological Survey, The Landslide Handbook – A Guide to Understanding Landslides (2008) 30.
  • 10 European Soil Data Centre, European Commission, ‘Landslides’, Themes: Landslides 2018 (Web Page, 12 February 2018) https://esdac.jrc.ec.europa.eu/themes/landslides.
  • 11 Public Hearing Transcript, Darren Paul, 7 May 2025, 43.
  • 12 Lynn Highland and Peter Bobrowsky, United States Geological Survey, The Landslide Handbook – A Guide to Understanding Landslides (2008) 33.
  • 13 Lynn Highland and Peter Bobrowsky, United States Geological Survey, The Landslide Handbook – A Guide to Understanding Landslides (2008) 33.
  • 14 Lynn Highland and Peter Bobrowsky, United States Geological Survey, The Landslide Handbook – A Guide to Understanding Landslides (2008) 33.

Appendix D

Public hearings

  1. The Board of Inquiry held four rounds of public hearings at the County Court of Victoria and the Federal Court of Australia in Melbourne on the following dates:
    1. 7 to 16 May 2025;
    2. 20 to 24 June 2025;
    3. 4 and 5 August 2025; and
    4. 18 August 2025.
  2. In total, 26 witnesses were called to give evidence. All witnesses attended in person.
  3. The following table lists hearing dates, topics and witnesses.

    DateWitness name and roleTopic
    Wednesday 7 MayDarren Paul, Technical Director – Engineering Geology, WSPThe science of landslides
    Thursday 8 MayDane Pope, Principal Geotechnical Engineer, PSM Consult Pty LtdThe science of landslides and brief overview of the 2022 landslides and events leading up to the 2025 landslides
    Bulent Oz, former Acting Chief Executive Officer, Mornington Peninsula Shire CouncilActions taken by Mornington Peninsula Shire Council
    Friday 9 MayDavid Simon, Acting Director Planning and Environment, Mornington Peninsula Shire CouncilActions taken by Mornington Peninsula Shire Council
    Monday 12 May

    Kellie Moran, McCrae resident

    Nicholas Moran, McCrae resident

    Brett Cooper, McCrae resident

    Kevin Hutchings, McCrae resident

    Events leading up to and including the 2025 landslides and their impacts
    Wednesday 14 May

    John Bolch, McCrae resident

    Paul Willigenburg, McCrae resident

    Gerrard Borghesi, McCrae resident

    Events leading up to and including the 2022 and 2025 landslides and their impacts
    Thursday 15 MayGerrard Borghesi, McCrae residentEvents leading up to and including the 2022 and 2025 landslides and their impacts
    Friday 16 MayLara Olsen, Managing Director, South East WaterActions taken by South East Water
    Friday 20 June

    David Smith, Director – Assets and Infrastructure, Mornington Peninsula Shire Council

    Claudio Flores, Principal Building Surveyor, Mornington Peninsula Shire Council

    Katanya Barlow, Manager, Strategic and Infrastructure Planning, Mornington Peninsula Shire Council

    Actions taken by Mornington Peninsula Shire Council
    Monday 23 June

    Tim Lloyd, General Manager for Service Delivery, South East Water

    Jason Marsh, former employee of South East Water

    Actions taken by South East Water
    Friday 24 June

    Jonathan Crook, Group Manager for Analytics and Performance, South East Water

    Julian Tully, Technical Director of Civil and Environmental Engineering, South East Water

    Andrew Forster-Knight, General Manager, Digital and Transformation, South East Water

    Actions taken by South East Water

    Monday 4 August

    Tuesday 5 August

    Experts engaged by the Board of Inquiry

    Darren Paul, Technical Director – Engineering Geology, WSP

    Stephen Makin, Hydrogeologist, WSP

    Dr Hong Vu, Geochemist/Geochemical Modeller, WSP

    Experts engaged by Mornington Peninsula Shire Council

    Dane Pope, Principal Geotechnical Engineer, PSM Consult Pty Ltd

    Phillip Hitchcock, Principal Hydrogeologist, Australian Environmental Auditors Pty Ltd

    Experts engaged by South East Water

    David Hartley, Senior Associate Engineer, SMEC

    Hugo Bolton, Technical Principal Hydrogeologist, SMEC

    Chris Jewell, Owner of C.M. Jewell & Associates Pty Ltd

    Causation
    Monday 18 August

    Darren Paul, Technical Director – Engineering Geology, WSP

    Dane Pope, Principal Geotechnical Engineer, PSM Consult Pty Ltd

    Mitigation measures

Appendix E

The expert evidence process

  1. A key responsibility of the Board of Inquiry was to determine the cause of the McCrae Landslide.15 The Board of Inquiry was to have regard to any extant expert reports relevant to that issue.16

Request for relevant reports

  1. One of the Board of Inquiry’s first tasks was to issue to the Shire and SEW a Notice to Produce seeking, among other things, any geotechnical, geomorphological, engineering or technical reports, or reports including such information, prepared for or received by the Shire and SEW concerning the landslide that occurred on 5 January 2025 and the McCrae Landslide.
  2. Following a review of documents produced in response to those Notices to Produce, it was evident that no expert had yet provided an opinion as to the cause of the 5 January 2025 landslide or the McCrae Landslide. It quickly became apparent that the Board of Inquiry would need to engage an independent geotechnical expert to consider the matter. Darren Paul, Technical Director – Engineering Geology of WSP, was subsequently engaged.

First block of hearings commencing on 7 May 2025

  1. Mr Paul gave evidence of a more general kind at the Board of Inquiry’s first hearing block about preparatory and causal factors for landslides,17 the regulatory framework used by municipalities to control landslides,18 and how landslides are investigated.19
  2. The Board of Inquiry also required the geotechnical engineer engaged by the Shire, Dane Pope of PSM, to attend the first hearing block for cross-examination. Mr Pope was originally engaged by the Shire in October 2023 in relation to legal proceedings brought against the Shire by the owners of 10–12 View Point Road, in respect of the November 2022 landslides.20 Mr Pope had, prior to the first hearing block, prepared a geotechnical factual report concerning the McCrae Landslide.21 Although Mr Pope was briefed on 17 January 2025 to prepare a report addressing, among other things, the cause of the McCrae Landslide,22 he told the Board of Inquiry at the first hearing block that he had not yet been provided with a clear list of questions,23 and would be unable to finalise that report until July 2025.24
  3. SEW had engaged a geotechnical engineer, David Hartley of SMEC, prior to the first hearing block but he was not immediately required for cross-examination. It is convenient to chronicle the Board of Inquiry’s understanding of Mr Hartley’s engagement by SEW prior to the first hearing block:
    1. On 30 April 2025, at the request of the Board of Inquiry, SEW provided the witness statement of Lara Olsen, then Managing Director of SEW. Ms Olsen’s statement stated that SEW had engaged an expert to produce a report concerning the McCrae Landslide and its connection (if any) to a burst water main near the corner of Bayview and Outlook Roads in McCrae.
    2. On 1 May 2025, the Solicitors Assisting the Board of Inquiry wrote to SEW’s solicitors, Thomson Geer, requesting further information about the report. Thomson Geer responded by explaining that Mr Hartley had been engaged by SEW, and had already provided SEW with an interim report, but that this report was the subject of legal professional privilege. Thomson Geer also stated that a finalised version of Mr Hartley’s report was expected to be provided to SEW on 5 May 2025 and that, at that time, SEW would consider whether to waive privilege over the report and provide it to the Board of Inquiry. In accordance with Practice Direction 4, submissions and supporting evidence concerning the privilege claim were requested from SEW.
    3. On 6 May 2025, Thomson Geer provided submissions and affidavit material in support of SEW’s privilege claim, the tenor of which was that Mr Hartley’s expert report was commissioned in anticipation of legal proceedings.
  4. The first hearing block commenced the next day.
  5. On the morning of the second hearing day, SEW informed the Board of Inquiry that it was waiving privilege over Mr Hartley’s report, and produced the report to the Board of Inquiry shortly thereafter.25
  6. By the end of the first hearing block, it was apparent that more time was required by each of the experts to consider the cause of the McCrae Landslide, and accordingly an extension to the Board of Inquiry’s reporting date was requested and granted to 10 September 2025.26

Expert reports, conclaves, and evidence regarding causation and mitigation

Establishment of expert process

  1. Following the first hearing block, the Solicitors Assisting the Board of Inquiry corresponded with Mr Paul and the solicitors for the Shire and SEW about the timing of the expert reports in relation to the cause of the McCrae Landslide.
  2. Informed by that correspondence, on 12 June 2025, the Solicitors Assisting informed Mr Paul, the Shire, SEW, and the State, that all expert reports on causation were to be provided to the Board of Inquiry by no later than 21 July 2025, and that expert reports on mitigation were to be provided by no later than 12 August 2025. The Solicitors Assisting also foreshadowed hearing blocks at which the experts would be required to attend for cross-examination. Relevantly:
    1. one hearing block was to focus on causation with expert witnesses to give evidence concurrently. This would start on or around 4 August 2025 after the experts had attended a private conclave to discuss their opinions and after they had provided a joint report to the Board of Inquiry identifying the issues about which they agreed and disagreed; and
    2. the further and final hearing block was to focus on mitigation with expert witnesses again giving evidence concurrently following a conclave and the production of a joint report. This hearing block would start in the middle of August.
  3. On 17 June 2025, by letter to the Shire, SEW, and the State, the Solicitors Assisting explained that they were creating a central database for the experts to share raw data so that each expert could consider the same evidence while preparing their reports. The Board of Inquiry issued a Notice to Produce to each of WSP (engaged by the Board of Inquiry), PSM (engaged by the Shire) and SMEC (engaged by SEW) on the same date, seeking the raw data the experts had obtained in the course of their work in relation to the November 2022 landslides, the 5 January 2025 landslide and the McCrae Landslide.
  4. On 26 June 2025, the shared expert database was established with the materials produced by each of the experts.
  5. On 7 July 2025, the Solicitors Assisting wrote to each of the experts and requested that an appendix be annexed to their causation reports setting out the documents considered in preparing their respective reports.
  6. On 10 July 2025, the Solicitors Assisting wrote to the Shire, SEW, and the State confirming the following:
    1. the expert reports on causation were due by 21 July 2025;
    2. a conclave regarding causation would take place over 28 and 29 July 2025 at the office of WSP;
    3. a joint report following the conclave was due by 31 July 2025; and
    4. the hearings on causation would proceed over 4 and 5 August 2025.
  7. On 14 July 2025, the Solicitors Assisting again wrote to the experts and requested that they ensure all raw data relied upon be included in the expert database by 2.00pm the following day. In that same letter, the Solicitors Assisting again confirmed that causation reports were to be provided by 21 July 2025.
  8. In addition to the above, the Solicitors Assisting corresponded with the solicitors for the Shire and SEW throughout May, June and July, in particular to enable SEW’s experts access to the exclusion zone set up around the landslide site. For example, the Solicitors Assisting liaised with the Shire and the owners of the properties within the exclusion zone to permit SMEC to access the properties directly impacted by the McCrae Landslide, as well as undertaking drilling and testing of the ground in and around the landslide site. The Solicitors Assisting also corresponded with the solicitors for the Shire and SEW to ensure that they had timely access to documents and raw data generated by the experts. The Solicitors Assisting made it clear that the parties with leave should inform them immediately if they had any difficulty obtaining materials or access to the site so that the Board of Inquiry could expedite the process where possible.
  9. None of the experts informed the Board of Inquiry that they needed more time to prepare their expert reports.

The causation reports, conclaves, and oral evidence

  1. By 21 July 2025, Mr Paul of WSP,27 Mr Pope of PSM,28 and Mr Hartley of SMEC,29 had each provided their causation reports to the Board of Inquiry. Information and data relied upon by the experts in producing those reports was taken from the shared expert database, as well as from field investigations undertaken by each expert at various times. Additionally, Phillip Hitchcock of Australian Environmental Auditors also produced a report concerning hydrogeology on behalf of the Shire.30
  2. On 25 July 2025, four days after the deadline set by the Board of Inquiry, SEW provided an additional technical memorandum from SMEC,31 noting that Mr Hartley would speak to that memorandum during the conclave. No explanation was provided at that time as to why the additional report was late.
  3. On 28 and 29 July 2025, Mr Paul, Stephen Makin (Hydrogeologist of WSP), Mr Pope, Mr Hitchcock, Mr Hartley, and Hugo Bolton (Hydrogeologist of SMEC) participated in a private conclave concerning causation. Following the conclave, Mr Paul informed the Solicitors Assisting that he considered an additional conclave concerning geochemistry ought to be organised.
  4. On 30 July 2025, the Solicitors Assisting wrote to the solicitors for the Shire and SEW proposing a further conclave for a discussion around geochemistry. In response, SEW’s solicitors outlined SEW’s position that, in addition to the experts from SMEC, SEW had engaged Chris Jewell of C.M. Jewell & Associates on the issue of causation, and that he should attend the conclave. Mr Jewell was not referred to in the causation report produced by SMEC on behalf of SEW. The further conclave concerning geochemistry was arranged for 1 August 2025.
  5. On 31 July 2025, 10 days after the date by which expert reports on causation were due, and two days after the conclusion of the causation conclave, SEW produced an amended version of SMEC’s causation report.32 On that same day, the joint expert report on causation was also produced by the experts.33
  6. On 1 August 2025, Mr Paul, Hong Phuc Vu (Geochemist/Geochemical Modeller of WSP), Mr Hartley, Mr Bolton and Mr Jewell participated in the further conclave for a discussion around geochemistry. Following the conclusion of the conclave, SEW’s solicitors wrote to the Solicitors Assisting to advise that an additional expert report would be provided by Mr Jewell on 8 August 2025 (18 days after the due date for expert reports). On that same day, a minute of the conclave was provided by the experts to the Board of Inquiry.34
  7. At 8.46pm on 3 August 2025, the eve of the causation hearings, SEW produced 17 additional documents containing test results from boreholes dug by SMEC which had not previously been provided to the Board of Inquiry. SEW’s solicitors stated that the results had not been produced to the Board of Inquiry earlier due to an oversight. At 10.21pm, SEW produced further results from tests taken by SMEC after its experts had attended McCrae over the weekend. The Board of Inquiry had not been told that such additional testing was taking place.
  8. The hearings into causation were held over 4 and 5 August 2025. Eight experts gave evidence concurrently during those hearings – Mr Paul, Mr Makin, Dr Vu, Mr Pope, Mr Hitchcock, Mr Hartley, Mr Bolton and Mr Jewell. The experts were cross-examined by Counsel Assisting. Counsel for the Shire, SEW, and the State were also given an unrestricted right to cross-examine all experts.
  9. At the beginning of the hearings, SEW’s non-compliance with the expert timetable that had been set was raised. After submissions were heard on this matter, SEW was directed to produce Mr Jewell’s expert report by 10.00am on 8 August 2025.35 As directed, and to his credit, Mr Jewell provided his report concerning hydrochemistry on 8 August 2025.36 Adjustments were also made to the timetable for the submissions of SEW and the Shire due to SEW’s late provision of expert evidence.
  10. On 8 August 2025, SEW provided the Board of Inquiry with its written submissions on causation.37 On 9 August 2025, the Chair extended the time for the Shire to provide its written submissions to 14 August 2025. On 10 August 2025, the Solicitors Assisting confirmed with SEW’s solicitors that SEW would be able to provide reply submissions on causation on a date to be fixed between 15 and 18 August 2025.
  11. On 12 August 2025, the Shire produced an addendum to Mr Hitchcock’s original report,38 presenting Mr Hitchcock’s views of the additional materials produced by SMEC and Mr Jewell’s report. On 13 August 2025, both Mr Paul and Mr Pope produced a memorandum addressing the late evidence produced by SMEC and Mr Jewell’s report.39 Following production of those documents, SMEC provided additional results concerning a raft of tests undertaken between 9 July and 1 August 2025. The Solicitors Assisting provided these additional results to Mr Paul, who produced an additional memorandum on 18 August 2025.40 The Shire’s solicitors informed the Solicitors Assisting that the additional materials did not change the opinion of Mr Pope and Mr Hitchcock, and they otherwise agreed with the comments made by Mr Paul in his memorandum.
  12. The Shire also provided the Board of Inquiry with its submissions on causation on 13 August 2025.41 The Solicitors Assisting immediately provided a copy of the submissions to SEW’s solicitors and confirmed that SEW would need to provide any reply submissions by 18 August 2025.
  13. SEW provided its reply submissions on causation on 18 August 2025.42

The mitigation reports, conclave, and evidence

  1. By 12 August 2025, Mr Paul and Mr Pope each provided their expert mitigation reports to the Board of Inquiry.43 SEW elected not to provide an expert report in relation to this issue.
  2. On 14 August 2025, Mr Paul, Mr Pope and Tim Whelan (Director – Major Projects and Engineering of Whelans Group), a contractor engaged by the Board of Inquiry to cost Mr Paul’s proposal, participated in the private conclave concerning mitigation. On that same day, those experts provided their joint mitigation report.44
  3. On 18 August 2025, the hearing into mitigation took place. Mr Paul and Mr Pope gave evidence concurrently during that hearing. Counsel Assisting cross-examined the experts. Counsel for the Shire, SEW, and the State were given an unrestricted right to cross-examine both experts.
  4. On 22 August 2025, the Shire and SEW each provided submissions on mitigation.45

Appendix E Endnotes

  • 15 Victoria, Victoria Government Gazette, No S 111, 18 March 2025, 1 [2.1], 2 [3.1(a)].
  • 16 Victoria, Victoria Government Gazette, No S 111, 18 March 2025, 2 [3.4(c)].
  • 17 Public Hearing Transcript, Darren Paul, 7 May 2025, 43–51, 78–81.
  • 18 Public Hearing Transcript, Darren Paul, 7 May 2025, 51–78.
  • 19 Public Hearing Transcript, Darren Paul, 7 May 2025, 81–98.
  • 20 Public Hearing Transcript, Dane Pope, 8 May 2025, 125.
  • 21 Public Hearing Transcript, Dane Pope, 8 May 2025, 161–162; Exhibit CA-2, Geotechnical Factual Report on McCrae Landslide – Evacuation Order Area prepared by PSM, 9 April 2025, [MSC.5007.0004.0078].
  • 22 Exhibit CA-13, Second Witness Statement of David Simon, 17 April 2025, CA-13(135) [MSC.5007.0004.0015].
  • 23 Public Hearing Transcript, Dane Pope, 8 May 2025, 167.
  • 24 Public Hearing Transcript, Dane Pope, 8 May 2025, 166.
  • 25 Exhibit CA-27, Multidisciplinary Expert Report on McCrae Landslip Project prepared by SMEC, 5 May 2025, [SEW.0001.0001.0142].
  • 26 Victoria, Victoria Government Gazette, No S 295, 11 June 2025.
  • 27 Exhibit CA-67, McCrae Landslide Causation Report prepared by WSP, 21 July 2025, [DPA.0004.0001.0001].
  • 28 Exhibit CA-71, McCrae Landslide Causation Report prepared by PSM, 21 July 2025, [MSC.5087.0001.0157].
  • 29 Exhibit CA-68, Multidisciplinary Expert Supplementary Report on McCrae Landslide prepared by SMEC, 21 July 2025, [SEW.0001.0002.4187].
  • 30 Exhibit CA-73, Expert Hydrogeological Report prepared by Australian Environmental Auditors, 21 July 2025, [MSC.5087.0001.0001].
  • 31 Exhibit CA-70, Technical Memorandum concerning Geochemical Analysis of Groundwater Provenance prepared by SMEC, 25 July 2025, [SEW.0001.0002.4197].
  • 32 Exhibit CA-69, Revised Multidisciplinary Expert Supplementary Report on McCrae Landslide prepared by SMEC, 30 July 2025, [SME.0001.0001.0501].
  • 33 Exhibit CA-74, Joint Report about causation prepared by expert conclave, 31 July 2025, [INQ.0009.0001.0001].
  • 34 Exhibit CA-75, Joint Report about geochemistry prepared by expert conclave, 1 August 2025, [INQ.0010.0001.0001].
  • 35 Public Hearing Transcript, Chairperson, 4 August 2025, 1066.
  • 36 Exhibit CA-84, McCrae Landslide Geochemistry Report prepared by C.M. Jewell & Associates, 8 August 2025, [SEW.0001.0002.4199].
  • 37 Submission of South East Water about the causes of the McCrae Landslide, 29 July 2025, [SEW.0001.0002.4201].
  • 38 Exhibit CA-85, Expert Hydrogeological Report Addendum on McCrae Landslide prepared by Australian Environmental Auditors, 11 August 2025, [MSC.5088.0001.0001].
  • 39 Exhibit CA-88, Assessment of additional information provided by South East Water between 21 July 2025 and 8 August 2025 prepared by WSP, 13 August 2025, [DPA.0006.0001.0001]; Exhibit CA-89, Response to SMEC Submissions prepared by PSM, 13 August 2025, [MSC.5090.0001.0001].
  • 40 Darren Paul, WSP, Assessment of additional information provided by South East Water on 14 August 2025, 18 August 2025, [DPA.0007.0001.0001].
  • 41 Submission of the Mornington Peninsula Shire Council about the causes of the McCrae Landslide, 13 August 2025, [MSC.5095.0001.0001].
  • 42 Reply Submission of South East Water about the causes of the McCrae Landslide, 18 August 2025, [SEW.0001.0002.4202].
  • 43 Exhibit CA-87, McCrae Landslide Remediation and Mitigation Report prepared by WSP, 12 August 2025, [DPA.0005.0001.0001]; Exhibit CA-86, McCrae Landslide Mitigation Report prepared by PSM, 11 August 2025, [MSC.5088.0001.0007].
  • 44 Exhibit CA-90, Joint Report about remediation and mitigation prepared by expert conclave, 14 August 2025, [INQ.0012.0001.0001].
  • 45 Submission of Mornington Peninsula Shire Council about mitigation of further landslides, 22 August 2025, [MSC.5094.0001.0050]; Submission of South East Water about measures to reduce or prevent the risk of another landslide, 22 August 2025, [SEW.0001.0002.4205].

Appendix F

Appearances

NameCounsel appearingFirm acting
Counsel and Solicitors Assisting the Board of Inquiry

Mark Costello KC

Alexander Di Stefano

Angela Kittikhoun

Wotton Kearney
Mornington Peninsula Shire Council

Kathleen Foley SC

Elizabeth Bateman

Cal Viney

William Phillips

MinterEllison
South East Water CorporationDeborah SiemensmaThomson Geer

State of Victoria

(including: Department of Energy, Environment and Climate Action; Department of Government Services; Department of Jobs, Skills, Industry and Regions; Department of Justice and Community Safety; Department of Premier and Cabinet; Department of Transport and Planning; Department of Treasury and Finance; Essential Services Commission; Building and Plumbing Commission; Victorian Managed Insurance Authority; Victorian Planning Authority; Emergency Management Victoria; Victoria State Emergency Service Authority; Victoria Police; Victorian WorkCover Authority (WorkSafe); Parks Victoria).

Kylie Evans KC

Emma Peppler

Christopher McDermott

Clayton Utz

Appendix G

Public submissions

  1. On 15 April 2025, the Board of Inquiry invited individuals and organisations from McCrae and the wider community to make submissions addressing the Board of Inquiry’s Terms of Reference.
  2. This Appendix provides further details regarding the submissions process. This information about the submissions process was outlined on the Board of Inquiry’s website to assist the public in making their submissions.
  3. The Board of Inquiry also welcomed written submissions from the Shire, SEW, the State, MERG and individual residents on the following topics:
    1. causation;
    2. mitigation and remediation; and
    3. the regulatory framework.
  4. Targeted written submissions were also sought from experts, academics and local councils across the country.

The submissions process

  1. Submissions were welcomed in any format. This included written submissions, as well as photographs, videos and any other documents relevant to the Board of Inquiry’s Terms of Reference. Individuals and organisations who provided submissions were invited to specify how their submission was to be handled by the Board of Inquiry, specifically, whether the submission was to be treated as being made on a public, confidential, or anonymous basis.
  2. The Board of Inquiry published a list of questions on its website to guide the submissions process. However, submissions were not required to address any, or all, of the following questions:
    1. What is your connection to the McCrae Landslide?
    2. Did you witness any events or conditions before, during, or after the landslide on 14 January 2025?
    3. Did you notice any changes in the landscape, drainage, or other physical conditions in the time leading up to the 14 January 2025 landslide?
    4. What actions did you observe being taken after previous landslides in the McCrae area (November 2022 and 5 January 2025)?
    5. Do you have any information about construction, excavation, water infrastructure, or other works conducted in the area before the landslide?
    6. Did you report any concerns about potential landslide risks to authorities before 14 January 2025? (Who did you contact and what response did you receive?)
    7. How has the landslide affected you personally? (This could include impacts on your property, finances, wellbeing, or community connections)
    8. What do you believe could or should have been done to prevent this landslide?
    9. What measures do you believe should be implemented to prevent further landslides in the McCrae area?

Submissions received by the Board of Inquiry

  1. The Board of Inquiry received 86 submissions. The following list outlines the public and anonymous submissions received.

    Submission NumberAuthor
    Submission 01Peter Johnson
    Submission 02Brett Cooper
    Submission 03Anonymous
    Submission 04Jane and Duncan MacCallum
    Submission 05Judy O’Donnell
    Submission 06David Gregory and Sue Holderness
    Submission 07Phil Johnson
    Submission 08Megan Rowsthorn
    Submission 09Richard Bendell
    Submission 10Brett Manders
    Submission 11South East Water
    Submission 12Anonymous
    Submission 13Ronald Sait
    Submission 14Ron Mason
    Submission 15Dr Joseph Radcliffe
    Submission 16Jenny and Len Warfe
    Submission 17John Bolch
    Submission 18Kevin Hutchings
    Submission 19Allan Wightman
    Submission 20Engineers Australia
    Submission 21Professor Robin Chowdry
    Submission 22Mornington Peninsula Shire Council (Regulatory framework)
    Submission 23South East Water (Regulatory framework)
    Submission 24MERG (Regulatory framework)
    Submission 25MERG (Regulatory framework)
    Submission 26Department of Government Services (Regulatory framework)
    Submission 27Mornington Peninsula Shire Council (Causation)
    Submission 28South East Water (Causation)
    Submission 29South East Water (Causation)
    Submission 30Gerry and Bronwyn Borghesi (Causation)
    Submission 31Mornington Peninsula Shire Council (Mitigation)
    Submission 32South East Water (Mitigation)
    Submission 33Gerry and Bronwyn Borghesi (Remediation)
    Submission 34Gerry and Bronwyn Borghesi (Mitigation)
    Submission 35Department of Government Services
    Submission 36Department of Government Services
    Submission 37Department of Government Services
    Submission 38Minister for Planning

Appendix H

Glossary

Acronyms and abbreviations

Acronym or abbreviationDefinition
AGSAustralian Geomechanics Society
AGS Guidelines 2007Australian Geomechanics Society Practice Note Guidelines for Landslide Risk Management 2007
Building ActBuilding Act 1993 (Vic)
Building RegulationsBuilding Act and the Building Regulations 2018 (Vic)
DEECADepartment of Energy, Environment and Climate Action
Emergency Management ActEmergency Management Act 2013 (Vic)
EMOErosion management overlay
EMO 1Schedule 1 of the Mornington Peninsula Planning Scheme EMO
EMO 2Schedule 2 of the Mornington Peninsula Planning Scheme EMO
EMO 3Schedule 3 of the Mornington Peninsula Planning Scheme EMO
EMO 4Schedule 4 of the Mornington Peninsula Planning Scheme EMO
EMO 5Schedule 5 of the Mornington Peninsula Planning Scheme EMO
GISGeographical information System
GPRGround penetrating radar
MBSMunicipal Building Surveyor
McCrae escarpmentThe escarpment above Point Nepean Road and along the coastline of Port Phillip Bay
MERGMcCrae Evacuees Response Group
MontageRecord keeping system used by South East Water
Office of the MBSOffice of the Municipal Building Surveyor, which is comprised of employees at the Shire who assist the MBS in carrying out their functions under the Building Act or Building Regulations
Planning and Environment ActPlanning and Environment Act 1987 (Vic)
SEMPState Emergency Management Plan
Water ActWater Act 1989 (Vic)
Water Industry ActWater Industry Act 1994 (Vic)

Defined terms

Defined termsDefinition
2022 landslidesThe landslides that occurred on the McCrae escarpment on 14 and 15 November 2022.
McCrae LandslideThe landslide that occurred on the McCrae escarpment on 14 January 2025.
aeolian soilType of soil formed by the erosion and deposition of sediment by the wind.
anthropogenicCaused by human activity.
aquiferA layer of soil or rock that stores usable volumes of groundwater.
colluvium soilType of soil that forms from the gradual accumulation of soil and rock debris at the base of slopes.
escarpmentA steep slope or cliff formed by erosion or faulting, espeically one separating land at different heights.
fillMaterial used to ‘fill’ in low-lying areas, holes or to raise the elevation of a site. Fill can be made up of a mix of different materials, including soil, sand or clay.
gabion wallA type of retaining wall made of wire mesh baskets or cages filled with stones, gravel or concrete.
headscarpSteep slope at the upper edge of the landslide (at the head), from where displaced material has moved.
hydraulic conductivityThe rate at which water moves through a given material in metres per second.
landslideDownslope movement of soil, rock and organic materials under the effects of gravity, and the results of such movement.