The state government has brought back its Major Projects Legislation for a third time after withdrawing earlier drafts in 2017 and again just before the state election in 2018 – only this draft is much worse. The state government should have got the message that the community opposes any additional fast tracking legislation to give a special deal for big, damaging and controversial developments.
Think of your most hated development and it could be fast tracked through this legislation.
The Major Projects Legislation allows the Minister for Planing to take a development out of the normal council planning system and have them assessed and approved through a fast track process. Local councils would not be involved in approvals and instead the developments would be assessed and approved by so-called expert Development Assessment Panels. Projects that are currently being assessed by councils can be taken away by the minister (called-in) mid way through the process.
The proposed Major Projects Legislation is dangerous, unnecessary and should be abandoned because:
There is no justification for more major projects or fast tracking powers.
Major projects legislation has been amended to facilitate skyscrapers.
The community will not have fair input or appeal rights and our elected councillors will be sidelined.
The minister has total power to declare major projects and take them out of the normal planning process.
All the most controversial projects around Tasmania could be fast tracked through this legislation.
The independent TPC is not making the decisions and its independence may be weakened.
The State government is requesting submission on the Draft Major Projects Legislation by 9 April 2020. We will be preparing an easy to use submission template. Stay tuned for more information.
No justification for more major projects or fast tracking powers
The government has never provided any convincing reasons why new and expanded major projects or fast track powers are needed. The existing projects of state significance process provides a credible process for assessing and approving big, complex and important projects and was successfully used to approve the Bass Link cable. We don’t need more major projects powers.
Major projects legislation amended to facilitate skyscrapers
The state government has removed a clause that was in the 2018 version of the Major Projects Legislation that attempted to prevent Fragrance type skyscrapers from being considered as major projects. If the current draft legislation is passed then all of the Fragrance skyscrapers can be fast tracked including those that have been refused e.g. Collins Street and those that have been withdrawn by the proponent e.g. Davey Street. This would also apply to the Gorge Hotel in Launceston that was recently stopped in the Planning Appeals Tribunal.
The community will not have fair input or appeal rights and our elected councillors will be sidelined
The Major Projects Legislation allows the Minister to take developments away from local councils and assessed and approved outside of the normal planning system. This will remove elected councillors from having a say over developments that affect their local communities. The local community will have no right to appeal against approval of a major project.
The community will only get to have input to the assessment of major projects once it has been assessed and given preliminary approval by the so called expert Development Assessment Panels. This is a reversal of the normal process where the community gets to comment on a proposed development before the council votes on it. This weakens the impact of community input.
The minister has total power to declare major projects and take them out of the normal planning process
The Major Projects Legislation gives total power to the Minister for Planning to decide what developments are declared major projects. This gives the Minister unrestrained and excessive power to remove any project from the normal planning process if they are facing high community opposition or have been refused by councils or stopped by the community through a planning appeal.
This is giving the minister far too much power and makes a mockery of the checks and balances that are essential in the planning system. Putting such extraordinary powers in the hands of the Minister creates the potential for developers to corruptly seek special fast tracking deals.
All the most controversial projects around Tasmania could be fast tracked through this legislation
The Major Projects Legislation allows virtually any project from a subdivision a pulp mill to be declared a major project and assessed and approved outside the normal planning process through a fast track process.
All the most controversial projects around Tasmania could be fast tracked through this legislation: Cambria on the east coast, skyscrapers in Hobart and Launceston, the Westbury prison, developments in national parks and the world heritage area, cable cars proposed for Mt Wellington, Mt Roland and Cataract Gorge in Launceston. Also, normal developments such as subdivisions can be made major projects.
This makes a mockery of the government’s claims that the new powers are meant to only be used for projects that are large, complex and cover numerous municipalities. At least fish farms are exempt but they already get fast tracked.
The legislation could be used to resuscitate any project that is refused by local councils or stopped by community groups in the planning appeals tribunal. This will make it less likely that Councils will want to oppose developments and make community groups fearful of taking appeals because the government can just reverse the decision. This will gut the power of the tribunal by default.
The independent TPC is not making the decisions and its independence may be weakened
The state government has tried to allay fears by saying the independent Tasmanian Planning Commission will appoint the Development Assessment Panels that assesses and approves major projects, but this is dangerously misleading. While appointed by the Commission there is no requirement that any members of the DAP are members of the Commission. The Chair may be a member of the Commission but this is discretionary. Therefore the independent TPC is not making the decisions.
Councils can nominate one member of the DAP who does not need to have expertise in planning or development assessment – the legislation allows them to be people from the building, construction and property industries.
The only safeguard that exists is that the Panel members must be approved by the TPC but this could changed. The TPC is currently being reviewed by the state government and its independence may be weakened.
Peter McGlone
Director
Tasmanian Conservation Trust