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NSW’s fast-track planning laws could allow mines to be approved without environmental assessment NSW’s fast-track planning laws could allow mines to be approved without environmental assessment
(about 7 hours later)
Environmental assessments could go out the window for mining projects, windfarms and other developments, green groups sayEnvironmental assessments could go out the window for mining projects, windfarms and other developments, green groups say
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Changes to New South Wales’s planning laws designed to fast-track housing are so broad they could facilitate fast-tracking of mines, power projects and infrastructure without environmental assessment, the Environmental Defenders Office has warned.Changes to New South Wales’s planning laws designed to fast-track housing are so broad they could facilitate fast-tracking of mines, power projects and infrastructure without environmental assessment, the Environmental Defenders Office has warned.
The proposed changes to NSW’s planning system, announced in September, were billed as a once-in-a-generation change that will speed up housing approvals.The proposed changes to NSW’s planning system, announced in September, were billed as a once-in-a-generation change that will speed up housing approvals.
“The bill is designed to make the planning system quicker and simpler to navigate, so that more homes and jobs can be delivered across the state,” the NSW planning minister, Paul Scully, said.“The bill is designed to make the planning system quicker and simpler to navigate, so that more homes and jobs can be delivered across the state,” the NSW planning minister, Paul Scully, said.
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But the EDO and a number of environmental groups, including the NSW Nature Conservation Council and some environmental lawyers, said the changes were not limited to housing development and could result in environmental assessments going out the window for mining projects, windfarms and other developments.But the EDO and a number of environmental groups, including the NSW Nature Conservation Council and some environmental lawyers, said the changes were not limited to housing development and could result in environmental assessments going out the window for mining projects, windfarms and other developments.
The critics also said the changes would strip public interest considerations if the minister chooses to designate the project, or certain types of projects, for a new streamlined assessment path.The critics also said the changes would strip public interest considerations if the minister chooses to designate the project, or certain types of projects, for a new streamlined assessment path.
The bill gives the minister the power to declare a particular development or a class of development as eligible to go through the “targeted development assessment” process. The minister would need to consult on a proposed planning policy, but once declared it would “switch off a range of important environmental assessment and oversight requirements”.The bill gives the minister the power to declare a particular development or a class of development as eligible to go through the “targeted development assessment” process. The minister would need to consult on a proposed planning policy, but once declared it would “switch off a range of important environmental assessment and oversight requirements”.
It would expressly prohibit environmental assessments and consideration of the public interest, the EDO said.It would expressly prohibit environmental assessments and consideration of the public interest, the EDO said.
The minister insisted that targeted assessment would apply to a class of development, for example such as low-rise housing, where assessment and community consultation has already occurred upfront, not major proposals that have significant potential impacts.The minister insisted that targeted assessment would apply to a class of development, for example such as low-rise housing, where assessment and community consultation has already occurred upfront, not major proposals that have significant potential impacts.
Changes to the act would remove references to “protecting the environment” and “promoting the social and economic welfare of the community and a better environment”, replacing them with phrases such as “promote productivity through the development and management of the state and its resources”, according to the EDO.Changes to the act would remove references to “protecting the environment” and “promoting the social and economic welfare of the community and a better environment”, replacing them with phrases such as “promote productivity through the development and management of the state and its resources”, according to the EDO.
The new act would include a recognition of the need for climate change resilience, but several groups were worried it had dropped an explicit aim of improving the natural environment.The new act would include a recognition of the need for climate change resilience, but several groups were worried it had dropped an explicit aim of improving the natural environment.
“This came out of nowhere,” the Nature Conservation Council’s chief executive, Jacqui Mumford, said. “We have not been consulted at all, yet then we learn the government has been talking to the opposition for nine months.“This came out of nowhere,” the Nature Conservation Council’s chief executive, Jacqui Mumford, said. “We have not been consulted at all, yet then we learn the government has been talking to the opposition for nine months.
“We think the bill should be sent to a committee.”“We think the bill should be sent to a committee.”
Elaine Johnson, who runs environmental firm Johnson Legal, is currently advising the Mudgee community on a proposed silver, zinc and lead mine.Elaine Johnson, who runs environmental firm Johnson Legal, is currently advising the Mudgee community on a proposed silver, zinc and lead mine.
She said the Minns government had already declared silver as part of its critical minerals policy. This planning decision could make it possible to approve the mine without any environmental assessment or assessment of impact on the community, despite the risk that lead poses as a contaminant, she said.She said the Minns government had already declared silver as part of its critical minerals policy. This planning decision could make it possible to approve the mine without any environmental assessment or assessment of impact on the community, despite the risk that lead poses as a contaminant, she said.
Another change, according to environmental groups, would give the minister enormous power that flies in the face of recommendations by the Independent Commission Against Corruption (Icac), which said planning decisions on particular projects – as opposed to policy – should be kept away from politicians due to the overt corruption risk.Another change, according to environmental groups, would give the minister enormous power that flies in the face of recommendations by the Independent Commission Against Corruption (Icac), which said planning decisions on particular projects – as opposed to policy – should be kept away from politicians due to the overt corruption risk.
Scully said: “This is a misleading claim, the Icac was consulted in preparation for this bill and has not raised any concerns with the approach.”Scully said: “This is a misleading claim, the Icac was consulted in preparation for this bill and has not raised any concerns with the approach.”
The new bill includes a development coordination authority, which would provide a one-stop shop for developers. The authority would aim to ensure that all other agencies, such as the environment department, the Rural Fire Service and Sydney Water work together and do not produce inconsistent conditions for projects.The new bill includes a development coordination authority, which would provide a one-stop shop for developers. The authority would aim to ensure that all other agencies, such as the environment department, the Rural Fire Service and Sydney Water work together and do not produce inconsistent conditions for projects.
The minister has the power to direct a project be dealt with through the authority and the planning secretary is the final arbiter on decisions.The minister has the power to direct a project be dealt with through the authority and the planning secretary is the final arbiter on decisions.
Mumford said this puts enormous power into the hands of the planning minister and the secretary.Mumford said this puts enormous power into the hands of the planning minister and the secretary.
“I am surprised that the Minns government had proposed the changes, given the corrupt conduct that was exposed involving former Labor minister Eddie Obeid during the dying days of the last Labor government.”“I am surprised that the Minns government had proposed the changes, given the corrupt conduct that was exposed involving former Labor minister Eddie Obeid during the dying days of the last Labor government.”
Scully denied that it would lead to other agencies being overridden.Scully denied that it would lead to other agencies being overridden.
“The development coordination authority will continue to follow existing environmental and hazard laws, such as those protecting biodiversity, managing pollution and fire hazard risks.“The development coordination authority will continue to follow existing environmental and hazard laws, such as those protecting biodiversity, managing pollution and fire hazard risks.
“These laws will stay under the control of the specialist agencies that enforce them.“These laws will stay under the control of the specialist agencies that enforce them.
“All the usual checks and balances in the planning system will remain in place.”“All the usual checks and balances in the planning system will remain in place.”
Mumford gave the example of the Redbank power plant near Newcastle. Plans to turn it into a biomass power plant were rejected by an Independent Planning Commission on environmental grounds because it could lead to additional land-clearing.Mumford gave the example of the Redbank power plant near Newcastle. Plans to turn it into a biomass power plant were rejected by an Independent Planning Commission on environmental grounds because it could lead to additional land-clearing.
Mumford said that under the proposed laws this project would likely have been approved because consideration of land-clearing laws would have been excluded.Mumford said that under the proposed laws this project would likely have been approved because consideration of land-clearing laws would have been excluded.
At the Housing Now conference in Parramatta on Tuesday, the premier, Chris Minns, said he was hopeful the government would strike a deal with the opposition to pass the legislation, saying that environmentalists should go to any property that was open for rent to see the long queues of people looking for housing.At the Housing Now conference in Parramatta on Tuesday, the premier, Chris Minns, said he was hopeful the government would strike a deal with the opposition to pass the legislation, saying that environmentalists should go to any property that was open for rent to see the long queues of people looking for housing.
The opposition leader, Mark Speakman, said his side of politics were keen to be “yimbys” and say “yes” to legislation that would facilitate more housing.The opposition leader, Mark Speakman, said his side of politics were keen to be “yimbys” and say “yes” to legislation that would facilitate more housing.