Media release – Craig Garland, independent MHA for Braddon, 13 August 2024

Government introduces Bill to give special treatment to Robbins Island windfarm developer, says Craig Garland

Last week the Rockliff Government introduced a Bill into the House of Assembly (Validation (State Coastal Policy) Bill 2024) asking our parliament to retrospectively approve all coastal development planning permits on actively mobile landforms going back to 2003. The introduction of this Bill followed a two-week consultation period on the draft version, with only two minor changes made to the Bill as a result.

The Premier says this Bill is necessary because of “concerns” around the planning approval process which might affect existing coastal developments like jetties, wharves and bridges, allowing them to be challenged in court1. The Premier has also indicated he wants to review the entire State Coastal Policy and will be consulting the Tasmanian Planning Commission and the public on this issue2.

Craig Garland, independent member for Braddon stated that “a review of the State Coastal Policy is long overdue. We need to let the experts and the people have their say on if, or how our pristine coast is to be developed. I urge the Government to withdraw this Bill and wait for the outcome of the State Coastal Policy Review.”

Mr Garland also noted that “Minister Duigan’s been telling everybody this Bill is not about giving special treatment to the Robbin’s Island windfarm, it’s about protecting existing developments. On Monday, he was quoted in page 17 of the Mercury as saying the planning process for the Robbins Island windfarm has been “at arm’s length from the government”.

However, by introducing this Bill, Mr Garland believes the Government is getting directly involved in the planning approval process. He detailed further that the Bill is “asking parliament to effectively approve the planning permit for this windfarm even before the court decides if the permit was validly issued. That is not what parliament should be used for.”

“The Government should wait for the Supreme Court decision3 on this issue and should release the legal advice it says it has to justify this Bill. Instead, it’s asking parliamentarians to just trust them and wave these changes through,” Mr Garland said

“If the Government isn’t prepared to disclose its legal advice and insists on pushing through these changes before the State Coastal Policy Review has taken place, I would consider supporting those changes validating existing developments like jetties, bridges and golf courses that have already been built. However, the validation must be limited only to those existing developments. This parliament should not be validating a planning permit issued to a multinational windfarm developer when the validity of that permit is currently before the court, and construction hasn’t even started yet,” Mr Garland added.

“The Government should not be interfering in the planning process for one windfarm, especially when there is an appeal before the court. It needs to stay at arm’s length from the planning process and let the courts independently decide if the Robbins Island windfarm permit is valid. The Government should not be asking the parliament to give special treatment to a large multinational corporation.”

1 [1] See the Second Reading Speech for this Bill https://www.parliament.tas.gov.au/bills/bills2024/validation-state-coastal-policy-bill-2024-37-of-2024

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3 The Board of the Environment Protection Authority v ACEN Robbins Island Pty Ltd & Ors [2024] TASSC