NEW ENVIRONMENTAL PLANNING LEGISLATION
DON'T YOU WORRY ABOUT THAT!

The NSW parliament has just passed changes to environmental planning legislation. These changes, which amend the Environmental Planning and Assessment Act, allow for a special class of major infrastructure projects. It's called Part 3A.

The primary reason for these changes is to ease the planning process for developers of these projects at the expense of the environment and community. It's about a one-stop shop, cutting red tape and speeding up the development process.

Currently, the minister for Planning can 'call in' major projects which have state or regional significance. This means instead of a council assessing the development application, the Department of Infrastructure, Planning and Natural Resources makes the decision. This can result in better or worse outcomes, depending on who is in power in Sydney and locally. Projects called in over the years include large coastal developments in the Tweed. Given the Tweed Council's form, a DIPNR decision may have been a slightly lesser evil. On the other hand, Byron Council would probably be more discerning. The new Act formalises DIPNR's assessment process, and clarifies the criteria to be used in assessing applications.

The really alarming thing is that the minister can declare any major infrastructure project (public or private) 'critical infrastructure' if it is 'essential for the State in an economic, social or environmental sense.' Critical infrastructure gets to bypass the usual processes and criteria of assessment, including public involvement, approvals from other government departments, council assessment and appeal rights.

Bob Carr's been talking about nuclear power lately. A 'critical infrastructure' proposal for a nuclear power plant by a private company could be approved without people being able to write submissions in opposition. The proponents wouldn't have to worry about threatened species habitat, aboriginal cultural heritage, vegetation, fish breeding habitat, water licenses or pollution laws. The EPA and Department of Environment & Conservation couldn't have stopped any damaging work. No-one could appeal the approval in court. Joh would have loved it. Halliburton's probably rubbing their hands. A great deal of that bothersome red tape has gone. The conservation movement is being dealt out of the game on several levels.

The Regional Water Supply might have been declared critical infrastructure if the timing had been different. If it had been, none of its many shortcomings could have been challenged by environmentalists. Remember the pipeline fiasco, when cowboy contractors trashed creeks pushing the pipe the Coffs Harbour? Read the latest on threatened species at the dam site in this newsletter.

What can we do? Alas, nothing. Wait until the first critical infrastructure project is announced. Perhaps it there's enough outcry, Carr will back down. Why do I doubt that anyone cares? Maybe the Government feels a bit desperate about the state's transport, power and water infrastructure, and intends to push a few things through before the next election. And Carr knows how much we love our water, electricity and roads. Like most things, it's all about ecological footprint. It seems we have become a society of kleptomaniacs. We steal from the future, we squander our inheritance and we steal from other species and the poor. Is it any wonder we get laws like this?

Concurrence/Approvals removed:

• Bushfire permits from Rural Fire Service in high fire prone land
• Approval from DEC (formerly NPWS) for destruction of Aboriginal objects or places
• Approval for a permit from Fisheries to carry out activities such as dredging or land reclamation that could effect fish breeding, passage and habitat areas and for harm to marine vegetation such as seagrasses or mangroves
• Approval from DIPNR for excavation on foreshores etc of rivers, lakes, etc
• Approval from DIPNR for clearing of native vegetation
• Approval from DIPNR for right to use water at a particular location or to carry out works that could affect surface or groundwater eg drainage
• The ability for a Stop Work Order to be placed by the DEC Minister on a site where threatened species, native vegetation, Aboriginal artefacts or a national park are under immediate threat by a development
• An Environment Protection Notice under the Protection of the Environment Operations Act from EPA. These are to clean up pollution, prevent pollution, or prohibition from carrying out something polluting, or compliance costs for damage.

Check the Nature Conservation Council website for details.  www.nccnsw.org.au