COMMUNITY CONSULTATION Overview The draft Land Use Planning and Approvals Amendment (Major Projects) Bill 2018 provides for the assessment of projects that have been declared as major projects. The purpose of this fact sheet is to provide a high-level summary on how members of the community can participate in the proposed major project assessment process. Enhanced community input Community involvement is at the heart of the major projects assessment process. The assessment process will be conducted by an independent and expert Development Assessment Panel (the Panel) established by the Tasmanian Planning Commission (the Commission). The major projects assessment process builds on the current Projects of Regional Significance (PORS) assessment process by enhancing transparency, community consultation and engagement. This new process not only retains public exhibition, the receipt of representations and hearings processes on the major project, it provides an additional means for community input through consultation on the draft Assessment Guidelines and increased transparency through the release of the proponent’s Major Project Proposal and the Panel’s draft Assessment Report. This provides three opportunities for any person or organisation to be able to make a representation on the proposed major project prior to the Panel making a decision on whether to grant a Major Project Permit and the conditions or restrictions that should be placed on the permit. These opportunities are: Making a representation on the proponent’s Major Project Proposal and the Panel’s draft Assessment Guidelines; Making a representation on the proponent’s Major Project Impact Statement and the Panel’s draft Assessment Report; and Attending a public hearing to consider the Major Project Impact Statement, the draft Assessment Report and any proposed conditions or restrictions.
Any person or organisation will be able to review the major project documentation and make a representation on the: Major Project Proposal; Additional information requested, that might have been required by the Minister during the declaration process or by the Panel or participating regulators during the assessment process; Draft Assessment Guidelines; Final Assessment Guidelines; Major Project Impact Statement; and Draft Assessment Report. A representation in relation to a Major Project Proposal may relate to any or all of the following matters: The Major Project Proposal; Any in-principle permit commencement conditions that are included in the draft Assessment Report; Any conditions or restrictions that ought to be specified on a Major Project Permit; and Any draft amendment to a planning scheme or Local Provisions Schedule that is set out in the draft Assessment Report. By making a representation, any person or organisation will be able to provide their local knowledge or specific expertise to the major project assessment process. Hearings The Panel is required to hold hearings into any representations submitted during the public exhibition period before determining the assessment outcome of a Major Project Proposal. Hearings are to be held as soon as practicable after the public exhibition period. Any person or organisation who made a representation in relation to a major project will be given an opportunity to be heard. The Panel may dispense with holding a hearing in relation to a representation if the Panel is satisfied that all the representations are in support of the major project, or the representors have advised the Panel that they do not wish to attend a hearing. Final Assessment Report If the Panel grants a Major Project Permit, a notice must be placed in the Gazette and a Tasmanian newspaper to identify that the permit has been granted and where the permit and the reasons for granting the permit in the form of a final Assessment Report may be publically viewed. The Commission must also place a copy of the Major Project Permit and the reasons for granting the permit on its principal website.
authority for the area of land to which the major project relates (see Fact Sheet 6). The Panel (where the permit has not taken effect) or the Commission (where the permit has taken effect) may only make minor amendments to a Major Project Permit if, at least 14 days before making the amendment, it makes a reasonable attempt to provide a copy of the proposed amendment to a range of parties. These parties include each person who made a representation in relation to the major project documentation, providing their representation was relevant to the proposed amendment. Representors are then able to set out their comments and objections to the proposed minor amendment before the Panel or Commission makes a decision on the amendment. A person has 14 days to set out their objections to the proposed minor amendment. What consultation has there been so far? The draft Bill has been developed in consultation with the Planning Reform Taskforce and key State Government agencies. The Commonwealth Department of the Environment and Energy has also been consulted on the proposal to seek accreditation of the new process under the Bilateral Agreement between Tasmania and the Commonwealth on environmental assessments under the EPBC Act. The first period for comment on the draft Bill closed on 2 October 2017 and 198 submissions were received. The submissions raised a number of issues that have been considered by the Government in preparing this revised draft Bill. Where do I find the revised draft Bill? A copy of the revised draft Bill, a second Consultation Paper and the accompanying seven Fact Sheets are available at or at . How can I comment? Comment on the proposed changes to the draft Bill are invited by Monday, 29 January 2018. Comments should be marked ‘Major Projects Reform’ and can be emailed to or posted to: Planning Policy Unit Department of Justice GPO Box 825 HOBART TAS 7001 Further enquiries can be directed to the Planning Policy Unit at the above email address or by telephoning (03) 6166 1429. December 2017