SUBMISSION GUIDE - dot points to assist

For further background, don’t forget to read the Environmental Defenders Office fact sheet on the proposed legislation here.

COVID-19

The impacts of COVID-19 have constrained public meetings and other community gatherings. The alliance of ECA and 17 other community groups concerned about the Major Projects legislation is disappointed and concerned the government, while extending the public comment period to 15 May, has not suspended debate on this controversial Bill while Tasmania is in the midst of a global pandemic.

KEY CONCERNS

• This Bill would give the Minister for Planning unprecedented power to declare Major Projects.

• It would allow developments that have already been refused to become Major Projects in future.

• Applications that have been made for approvals under various Acts in relation to the project are deemed to have been withdrawn.

• Major Project criteria are broad and can include projects on private land, Council land, Crown land, Wellington Park, National Parks and Reserves, and could include:

  • High rise buildings (in this, the third iteration of the Bill, the government has removed the clause excluding high rise buildings)

  • Cable cars

  • Prisons

  • Large suburban/rural developments (such as Cambria Green)

  • Developments in National Parks, Reserves and World Heritage Areas

• In taking Major Projects out of the normal Council planning system, it removes the requirement for a planning permit and sidelines the community and its elected Councillors.

• In doing so, it removes previously guaranteed public rights – while there is a public notice and hearing process, it unfairly limits the opportunity for the community to have a meaningful and timely say.

• Importantly, the Bill also removes the right to appeal in the Tribunal.  

• The Bill gives no guarantee that the proposed Development Assessment Panel will be independent. It is unclear why a new panel should replace the independent Tasmanian Planning Commission.

• A Major Project could be approved that would not normally be permitted under the planning scheme. The Tasmanian Planning Commission must then amend that planning scheme to make it fit (this could be relevant to Cambria Green) 

This legislation is not needed. A legitimate Major Projects process already exists under Projects of State Significance (which approved the Bass Link cable). It is unclear what the draft Bill is aimed at fixing, other than to remove Major Projects out of the planning system.

What is a Major Project?

The Minister for Planning has the power and discretion to declare a Major Project. The eligibility criteria are vague and open to interpretation, giving the Minister power to justify and nominate a wide range of projects, large or small. 

All the most controversial projects around Tasmania could be declared a Major Project and fast tracked through this legislation, including Cambria Green, skyscrapers in Hobart and Launceston, the Westbury Prison, developments in National Parks and World Heritage Areas, the cable cars proposed for Mt Wellington, Mt Roland and Cataract Gorge in Launceston.

These are projects the community most cares about and this legislation would leave people with no power of appeal and limited opportunity to comment.

The Assessment Process

Under the proposed legislation the decision to declare (or not) a Major Project will be made by a Development Assessment Panel. While there is a requirement for the Tasmanian Planning Commission to approve the Panel (pending the current review of the Commission as per below), key concerns include:

• No guarantee of independence – the decision is removed from the independent Tasmanian Planning Commission.

• No requirement to appoint panel members with expertise in planning and development application assessments, natural or cultural values, environmental impact assessment or pollution control, or a community representative.

• The Panel may be appointed from industry and is not bound by a Code of Conduct (as is the Tasmanian Planning Commission).

There is no clear reason given for the need for new Assessment Panels versus the Tasmanian Planning Commission as the decision-maker.

Tasmanian Planning Commission sidelined

Prior to this proposed legislation, the independent Tasmanian Planning Commission played a vital and important role in making these strategically important decisions that affect the whole of Tasmania. Planning decisions affect communities, the environment and quality of life, often with long-lasting consequences. It is essential there is an independent body in Tasmania making decisions about land use rights across the state and rights to participate in decisions that affect our environment. 

It is worth noting the government is currently undertaking a review of the Tasmanian Planning Commission, with the same date– 15 May – as the deadline for public submissions. 

What rights do the public have?

Public rights are significantly limited. The first opportunity the public will have to make a comment on most Major Projects will be after the Development Assessment Panel has undertaken its assessment of the proposal.

This denies the public an opportunity to make a comment when it is most meaningful – before the Panel has made up its mind as to whether to grant a permit for the project.

Public hearings must be held within 28 days of the end of the public notice period, limiting an individual or community’s ability to access expert or legal advice to assess, respond to and present evidence to the Panel.

The local community will have no right to appeal the approval of a Major Project to the Tribunal.

PRE-PREPARED LETTER

To the Planning Policy Unit, Department of Justice

I am wish to make a submission regarding the proposed Draft Major Project Bill (Land Use Planning and Approvals Amendment (Major Projects) Bill 2020 (Draft Bill).

I would also like to state I believe ALL consultations over major Government processes should be deferred until the global pandemic is over and Tasmania is no longer in a State of Emergency.

I have grave concerns about the Draft Bill. I believe it gives the Minister for Planning unprecedented powers to nominate a project as a Major Project and fast track its approval. The Bill severely limits the right of the public to comment and it undemocratically removes the right to appeal to the Tribunal. 

It is unclear what problem the draft Bill is aimed at fixing, other than to remove potentially controversial projects out of the planning system and give developers an easier and faster pathway to securing the approval of large projects. 

This legislation is not needed. A legitimate Major Projects process already exists under Projects of State Significance (which approved the Bass Link cable).

MY KEY CONCERNS

Defining the Major Projects

The Minister for Planning has the power and discretion to declare a Major Project, based on only two of six vague criteria. These criteria are open to interpretation and appear to make it easy to justify a wide diversity of projects, large or small. 

Major Projects would be taken out of the normal Council planning system, removing the requirement for a planning permit and sidelining the community and its elected Councillors. More importantly, Major Projects can be approved that would not normally be permitted under the planning scheme. As part of the Major Projects process, I understand the Tasmanian Planning Commission must then amend that planning scheme to make it fit.

The Assessment Process

While there is a requirement for the Tasmanian Planning Commission to approve the membership of the Development Assessment Panel, key concerns remain:

• There is no guarantee of independence – the decision regarding a Major Project approval is removed from the independent Tasmanian Planning Commission.

• There is no requirement to appoint Development Assessment Panel members with expertise in planning and development application assessments, natural or cultural values, environmental impact assessment or pollution control, or a community representative.

• The Panel may be appointed from industry and is not bound by a Code of Conduct (as is the Tasmanian Planning Commission).

I am concerned there is no clear reason given for the need for new Assessment Panels versus the Tasmanian Planning Commission as the decision-maker.

Tasmanian Planning Commission sidelined

It would appear that local Councils, the community and importantly, the independent Tasmanian Planning Commission, will be sidelined through this Bill. Prior to this proposed legislation, the independent Tasmanian Planning Commission played a vital and important role in making these strategically important decisions that affect the whole of Tasmania. 

Planning decisions affect communities, the environment and quality of life, often with long-lasting consequences.

It is essential there is an independent body in Tasmania making decisions about land use rights across the state and rights to participate in decisions that affect our environment.

Limiting the Rights of the Public

I believe this Bill will significantly limit public rights. The first opportunity the public will have to make a comment on most Major Projects will be after the Development Assessment Panel has undertaken its assessment of the proposal.

This denies the public an opportunity to make comment when it is most meaningful, that is, before the Panel has decided to grant a permit for the project. The short timeline offered to the public to make comment limits any person’s ability to access expert or legal advice to assess, respond to and present evidence to the panel.

The draft bill has removed the right to appeal to the tribunal, which is undemocratic!

In conclusion

All the most controversial projects around Tasmania could be declared a Major Project and fast tracked through this legislation, including Cambria Green, skyscrapers in Hobart and Launceston, the Westbury Prison, developments in National Parks and World Heritage Areas, the cable cars proposed for Mt Wellington, Mt Roland and Cataract Gorge in Launceston. As well, this third iteration of the Bill further weakens the community and local government’s say on high rise buildings with the removal of the clause excluding these projects.

I urge the Tasmanian Government to drop this legislation. 

Thank you for considering my submission.