The Land Use Planning and Approvals Amendment (Streamlining of Process) Bill 2014 (Bill No 36 of 2014)
This week the Tasmanian Legislative Council will consider the provisions of the Land Use Planning and Approvals Amendment (Streamlining of Process) Bill 2014 (Bill No 36 of 2014). The legislation can be found here: http://www.parliament.tas.gov.au/bills/36_of_2014.htm
The legislation claims to “streamline” processes relating to the Land Use Planning Approvals Act, (LUPAA) the principle Act governing land use planning in Tasmania. Much of the amending Bill deals with the LUPAA Interim Scheme process. Interim Schemes have already been introduced and are already operating, except the Southern ones, which have been stalled by Minister Gutwein. The Minister does not intend to approve Southern schemes until March of 2015, after the hearing obligation has been quashed.
This Bill is a set of pragmatic ambit claim style amendments that increase the powers of the Tasmanian Planning Commission (TPC), decrease the ability and powers of local government and significantly reduce the rights of the citizens of Tasmania.
The most offensive aspect is the Bill’s amendment regarding Section 30K of LUPAA.
LUPAA Section 30K currently mandates a hearing be held into any Interim Scheme after the local Council has produced a Section 30J Report.
The purpose of the hearing is to consider citizen’s representations over the scheme, which were made to the local Council, and to consider Council’s report on those representations.
The hearing opportunity has always been a fundamental part of LUPAA, is non adversarial and exploratory in nature and is run by the Tasmanian Planning Commission. It results in important refinements to Schemes. Now it is unfairly under threat by this streamlining Bill.
This Liberal plan will not be fairer, not appreciably faster, certainly not cheaper and most definitely neither better nor smarter.
The Liberals, seemingly guided by lobbyist Mary Massina, now installed in the Planning Reform Taskforce, are shamelessly running roughshod over everyone’s rights.
This amendment Bill is almost certainly in breach of the Land Use Planning Approvals Act (LUPAA) itself and the Resource Management Planning System (RMPS) Objectives, which underpin the planning system in Tasmania. These can be found here: http://www.planning.tas.gov.au/the_planning_system/state_planning
Outrageously, The Liberals are proposing to remove the already established and in train (TPC) hearing process for several hundreds of representors to the current batch of Division 1A Interim Schemes, thus also permanently and unfairly removing those long established rights, including in relation to any future Interim Scheme. The effect of this action would be a retrospective diminishment of our rights. You can find information about the Interim Schemes here: http://www.planning.tas.gov.au/assessments_and_reviews/interim_planning_schemes/recent_declarations
The impacts of the Bill’s amendment over LUPAA’s Section 30K provisions would be far reaching. We have written a detailed brief to Legislative Councillors outlining the adverse and unforeseen consequences and calling on The Upper House to not support the Section 30K amendment. See our Open letter to the Legislative Councillors here: (Download below)
Additionally we have provided legal opinion dealing with some of the spin and opinion that has restricted Interim Schemes, which the TPC has called legal advice. Those advices, which are in the public domain, can be found here: (Download below) The Solicitor General’s advice to the TPC over its faulty concept of rigid adherence to “direct translations” has not been released.
TEA contends that Tasmanians who have made a representation to one of the Interim Planning Schemes, in good faith, should continue to have a right to attend a hearing and further emphasize or clarify and argue the points of their representation, especially if the issue has not been resolved at the Section 30J, Council report stage. There are simply too many complex planning issues to be handled in any other way than in a hearing.
Remedies that pave the way for The Land Use Planning and Approvals Amendment (Streamlining of Process) Bill 2014 (Bill No 36 of 2014) are actually already malfeasantly being implemented by the Tasmanian Planning Commission. The Tasmanian Planning Commission is failing to hold a proper hearing into The Cradle Coast schemes. See: http://www.planning.tas.gov.au/assessments_and_reviews/interim_planning_schemes/current_assessments
The proposed Bill No 36 of 2014, amending LUPAA is a complete denial of procedural fairness for those already involved and we would argue also for the southern schemes.
TEA has urged the Upper House to discard the LUPAA Section 30K amendment, (being Section 22 from Bill No 36 of 2014) and instead the Tasmanian Planning Commission should simply get on with the task of efficiently and concurrently holding combined regional hearings into the Regional Interim Schemes now.
There is a raft of reforms, which could be legislated; to improve land use planning in Tasmania but mostly this amendment Bill does not achieve those reforms. Do not be fooled, this Bill is not Streamlining.
TEA supports the finalisation of the 28 Interim Schemes in a fair and proper way, not as Bill 36 of 2014 envisages.
TEA has proposed a simple and proficient solution, which doesn’t need new legislation. Hold combined regional hearings into the declared Interim Schemes and make proper decisions based on the evidences and amend and declare the final schemes.
Download documents:
TEA_to_MLC_Members_re_LUPAA_amendment_Bill_No_36_14-11-2014.pdf
Shaun_McElwaine_advice_10.10.2012_-_Subdivision_-_TPC_correspondence.pdf
