Proposed Tasmanian Legislation Aims to Simplify Major Projects and Approvals Process
Friday 6 October 2017 @ 10.20 a.m. | Legal Research
Comments, discussion and submissions on the Land Use Planning and Approvals Amendment (Major Projects) Draft Bill 2017 (Tas) (the Bill) closed on 2 October 2017. While the Bill is still being finalised, it is anticipated that the proposed legislation will make miscellaneous amendments to the Environmental Management and Pollution Control Act 1994 (Tas) as well as making substantial amendments to the Land Use Planning and Approvals Act 1993 (Tas).
Background to the proposed changes
As part of the Tasmanian Government’s 2014 election agenda, the Government is attempting to make Tasmania attractive for investment and to create jobs. In light of this, the Tasmanian Government has committed to introduce a number of reforms to the major projects assessment and approval process to stimulate investment in the State.
The Proposed Reforms
The reforms, as proposed in the Consultation Paper & Draft Exposure Bill document:
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revised Ministerial call-in powers to clarify the types of projects that are eligible to be assessed by an expert planning panel appointed by the Tasmanian Planning Commission and by other relevant regulators;
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an expanded suite of approvals through a single coordinated process and single permit - including (in part) approvals under planning, environmental, Aboriginal cultural heritage;
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greater certainty for proponents through a “no reasonable prospect” test early in the process and prior to preparation of a Major Project Impact Statement; and
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improved community consultation and engagement, which includes public exhibition of the Major Project Proposal, draft Assessment Guidelines, Major Project Impact Statement and draft Assessment Report."
Definition of “Major Projects”
Major projects and their importance are defined at page 4 of the Consultation Paper & Draft Exposure Bill, and:
Why the need for Change?
The need for change to the process is outlined at page 6 of the Consultation Paper & Draft Exposure Bill:
What are the changes the Government is proposing?
Page 8 of the Consultation Paper & Draft Exposure Bill outlines the reasoning why the proposed changes are required:
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expanding the suite of approvals included in a permit;
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providing for “in-principle” approval of a major project;
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expanding Ministerial call-in powers;
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introducing a “no reasonable prospect” test; and
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staging the recovery of assessment fees and providing more certain timeframes.
Expected Outcome of the proposed Changes
It is anticipated the proposed changes will result in an efficient and effective assessment process that is more attractive to proponents while the reforms will also result in a rigorous assessment process that maintains existing high levels of protection for the environment, cultural and heritage assets.
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Sources:
Land Use Planning and Approvals Amendment (Major Projects) Draft Bill 2017 (Tasmania) and supporting materials as published on TimeBase LawOne Service.