Government misleads on Planning law changes

The State Government has pushed through with plans to change the Planning Act.

See other information on this site about the Planning law changes:

Link to inspirational debate from the Greens and Democrat MLCs against the Planning law changes

Government misleads parliament about Planning Act changes

Brett Walker, QC, acting for the State Government in the Land and Environment Court this week, made the extraordinary assertion that changes made to the Environmental Planning and Assessment Act last year were misrepresented in speeches made about them in parliament.

The revelations come a week before parliament is due to introduce further changes to the Planning Act, which the Hunter Community Environment Centre (HCEC) claims will allow developments to go ahead regardless of whether Environmental Assessments had complied with requirements set down by the Planning Department.

Mr. Walker claimed in court that assurances from Ministers last year that there would be no downgrading of environmental assessment under the controversial “Part 3A” of the Planning Act were said in part to gain votes for the changes, and were inaccurate.

HCEC campaigner, Georgina Woods said “The State Government has gutted environmental protection in this State and the community and the environment will suffer as a result. There was widespread concern last year when Part 3A was introduced, that Major Projects with significant impacts on the environment would be rushed through the approval process without adequate review and assessment. We were assured that was not the case. Now they are proposing further changes to the Planning Act, that will have a profound impact on the planning approval process, and we are again being told not to worry.”

An Environmental Assessment prepared under Part 3A for the Anvil Hill coal project is being challenged on the grounds that it failed to assess the greenhouse gas impacts from the proposed mine, which were required to be assessed under the Director-General’s requirements and the objects of the Planning Act.

“The Minister described the new changes as ‘housekeeping measures’ in his second reading speech last month, but it is obvious we cannot take this Government at its word when it promises adequate environmental assessment,” continued Ms. Woods.

The Hunter Community Environment Centre claims that one of the provisions in the new Bill is designed to thwart the court challenge to Anvil Hill and another will help the Government avoid having to assess the greenhouse gas impacts resulting from coal mines and other coal export projects.

“The State Government is winding back 25 years of planning law to avoid embarrassment about their inaction on climate change. We urge all parliamentarians not to believe Ministers’ speeches any more, and pay close attention to all legislation being proposed by the State Government.”

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