Welcome to the next edition of the planning and environment bulletin.
If you have any queries or would like further information regarding anything you read in our bulletins, please contact:
Anthony Spence SC
Principal
M: 0400 545 503
E: aspence@pageseager.com.au
Sarah Wilson
Special Counsel
M: 0428 102 712
E: swilson@pageseager.com.au
Reform of Federal Environmental Law
Australia’s environmental legislation, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), is now over 20 years old. A key election promise of the Labor Government was to reform the EPBC Act to ensure the framework remains fit for purpose. The proposals for reforms included both expanded Commonwealth powers and new institutions such as an independent national Environmental Protection Authority.
The first step in that process was the release of the Nature Positive Plan: better for the environment, better for business in December 2022. It highlights the issues the EPBC Act has faced in achieving its objectives and a blueprint for reform.
The proposed package of reforms to the Federal environmental legislation is set to be prepared in the first six months of 2023. Stakeholder consultation will take place during the second half of the year with draft legislation set to be introduced to Parliament by the end of 2023.
We will continue to provide regular updates on the progress of these reforms in future bulletins.
You can view the Nature Positive Plan here.
Legislative / Policy Amendments
1 – Land Use Planning and Approvals Amendment Act 2022
The Land Use Planning and Approvals Act 1993 was amended in 2020 to introduce the major projects assessment process. Applying the new major projects assessment process to the Bridgewater Bridge Project identified where some improvements to the process could be made and the government sought to address these with the amendments to the Land Use Planning and Approvals Act 1993.
The Land Use Planning and Approvals Amendment Act 2022 (Act) was revised following the review of submissions received during consultation and was tabled in Parliament. A consultation report was prepared and is available here.
Parliament approved the Act in late 2022, then it was proclaimed on 17 May 2023 and is now in effect.
2 – Nature Repair Market Bill 2023
The Nature Repair Market Bill 2023 seeks to provide a framework for a voluntary national market that delivers improved biodiversity outcomes. Eligible landholders who undertake projects that enhance or protect biodiversity would be able to receive a tradeable certificate that will be tracked through a national register.
On 30 March 2023, the Senate referred the provisions of the Nature Repair Market Bill 2023 and the Nature Repair Market (Consequential Amendments) Bill 2023 to the Environment and Communications Legislation Committee for inquiry and report by 1 August 2023.
The closing date for submissions is 1 June 2023.
To read more about the Bill click here.
3 – Declaration of amended Southern Tasmania Regional Land Use Strategy
The Minister for Planning declared an amended Southern Tasmania Regional Land Use Strategy (STRLUS), effective on the 17 May 2023.
The amendments made to the STRLUS include:
- additional sites within the Urban Growth Boundary (UGB); and
- amendment to Regional Policy SRD 2.12.
The amendment to Regional Policy SRD 2.12 provides greater clarity and enables councils and the Tasmanian Planning Commission greater flexibility in considering the planning merit of proposals to rezone land for urban purposes which are outside, but immediately adjacent to, the UGB.
You can view the STRLUS here.
Roll out of the Tasmanian Planning Scheme
4 – Latrobe LPS
The Latrobe Local Provisions Schedule (LPS) has now come into effect.
The Tasmanian Planning Scheme (TPS) now applies in the Latrobe municipal area.
5 – Hobart draft LPS
Comment and submissions on the Hobart draft Local Provisions Schedule (LPS) are invited until 30 June 2023.
The draft LPS and related documents are available here.
6 – Kentish draft LPS
Comment and submissions on the Kentish draft Local Provisions Schedule (LPS) are invited until 7 July 2023.
The draft LPS and related documents are available here.
