Letter to the editor
The Mercury
Coronavirus crisis is not a reason to abandon balance and fairness in planning decisions
In his talking point article Minister for Planning Roger Jaensch claims the 'Major Projects process provides no fast-tracks, short cuts or easy routes, and it cannot be applied to any project' (Mercury 30 April 2020). This is wrong. Under the draft legislation, the community has no right to appeal the approval of a major project. Your elected Local Councillors have no role in the approval or refusal of a major project. Planning scheme amendments (e.g. Cambria) can be forced on councils and communities and the Tasmanian Planning Commission 'must' amend the scheme to fit the approved project. These are three enormous short cuts or easy routes.
Our legal advice is that the eligibility criteria are so vague and open to the Minister's interpretation that virtually any project normally assessed by a local council could be declared a major project, down to and including a subdivision.
In regard to projects like Cambria, skyscrapers and Lake Malbena, the Minister says they would be 'unable or highly unlikely to be considered for the Major Projects process'. 'Highly unlikely' won't convince most people, especially as the legislation provides no checks to the minister, whose 'opinion' regarding eligibility is paramount. The TPC 'may' produce guidelines but the minister must only 'have regard' to them and is not required to abide by them.
While the minister says he 'has no plans' to refer the Mt Wellington cable car to the Major Projects process, he does not say it would be ineligible. Nor does he promise to amend the legislation to make it ineligible. Clearly the minister could change his plans and declare the cable car a major project or the proponent could ask the minister to declare it. The minister has not ruled out either option.
The Minister claims that 'assessments of Major Projects do not 'bypass' the Tasmanian Planning Commission or any existing regulators', but this is exactly what will happen. Local councils are regulators and they are cut out of the decision to approve or refuse a major project. The Development Assessment Panel does the assessment and makes the final decision and the Commission only appoints the DAP members.
The Minister claims that once the minister has declared a major project that their role in the process ends but this is wrong in one important respect. The Minister may require the Commission to appoint one person with 'particular qualifications or experience' to the DAP which could guarantee one person gets the job.
If introduced the Major Projects Bill would remove any element of balance, fairness and democracy from planning decisions. The current crisis should not be used to justify such draconian changes.
Peter McGlone
Director
Tasmanian Conservation Trust