Mar 31 2016

Perth and Peel Green Growth Plan for 3.5 million

Perth and Peel Green Growth Plan for 3.5 million

How will this affect your development plans?

Snap Shot

In December 2015, the State Government, through the Department of Premier and Cabinet (DPC), released the draft Perth and Peel Green Growth Plan for 3.5 million (Growth Plan) and strategic assessment documents for public comment.  Submissions close 8 April 2016.

The Growth Plan outlines the State Government’s plan to balance future growth and development within the Perth and Peel regions of WA with environmental conservation.  The State Government is seeking approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) for classes of action covered by the Growth Plan.  The State Government also proposes to streamline State approvals within the areas covered by the Growth Plan.

Those with future development plans should consider how the Growth Plan might restrict their plans, and the extent to which approvals will be streamlined for future development within the Perth and Peel regions.

The draft Growth Plan documents and associated information is available at www.dpc.wa.gov.au/greengrowthplan


What is the Growth Plan?

The State and Commonwealth Environment Ministers agreed in July 2011 to undertake a strategic assessment of development within the Perth and Peel regions under the EPBC Act.  In December 2015, the State Government published the draft Commonwealth Impact Assessment Report and State Impact Assessment Report, and the draft Growth Plan.  The State Government states that the Draft Growth Plan is based on the largest urban-based environmental assessment undertaken in Australia.  The process has certainly produced a very large number of documents.

The Growth Plan is a whole of government planning initiative to support the growth of the population in the Perth and Peel Regions of WA to 3.5 million over 30 years, while protecting the natural environment. The central document is the Strategic Conservation Plan, which is supported by the following Action Plans:

  • Action Plan A – Urban and Industrial
  • Action Plan B – Rural Residential
  • Action Plan C – Infrastructure
  • Action Plan D – Basic Raw Materials
  • Action Plan E – Pine Harvesting
  • Action Plan F – Commonwealth Conservation Commitments
  • Action Plan G – State Environmental Objectives and Commitments
  • Action Plan H – Conservation Program
  • Action Plan I – Assurance

Action Plans A to E outline classes of action (or development), where those actions can occur and how they should be undertaken.  Action Plans F and G set out how the State Government will ensure protection of the environment under the Growth Plan.  Action Plan H outlines the extent to which the State Government will increase land set aside for conservation purposes and Action Plan I sets out the monitoring and reporting requirements to show whether the Growth Plan is meeting its objectives.

How will the Growth Plan work?

One of the key objectives in developing the Growth Plan is to obtain the endorsement of the plan and approval of the classes of action by the Commonwealth Minister for the Environment under the EPBC Act.  This would mean that future actions undertaken in accordance with the Growth Plan would not need any further assessment under the EPBC Act.

The draft Growth Plan states that State approval processes will also be streamlined.  However, it is not yet clear exactly how this will be achieved.  Although there is a process to undertake strategic assessments under the Environmental Protection Act 1986 (WA) (EP Act), and a draft State Strategic Impact Assessment Report (State SIAR) was published, the draft Growth Plan and State SIAR state that the Environmental Protection Authority’s (EPA) advice only has been sought.  It may be that future proponents within the Perth and Peel regions will still need to refer proposals to the EPA under the EP Act.

The Growth Plan is forward looking but those within the Perth and Peel regions with existing environmental approvals should confirm that these will not be affected.

The Growth Plan states that the Conservation Program includes 170,000 hectares of new and expanded conservation reserves in the Perth and Peel regions and surrounds.  The Growth Plan could be clearer on how the State Government proposes to secure new or expanded conservation reserves, how and for what period land use will be restricted pending creation of reserves, and what the State Government proposes to do if it cannot secure reserves in identified areas.

How will the Growth Plan affect you?

Some of the people the Growth Plan may affect include:

  • Anyone whose activities are covered by a class of action within the Perth and Peel region;
  • Anyone with interests in land that may be used for activities covered by a class of action; and
  • Anyone holding rights or interests in land located within the Perth and Peel regions and their surrounds, which has large areas of native vegetation.

If your activities are covered by a class of action, such as basic raw materials, you should consider whether the requirements likely to be imposed under the relevant Action Plan are reasonable and achievable.  You should also confirm whether there will be changes to the State approval requirements for your future activities and whether your existing approvals can be affected in any way.

If you have land access rights or interests in land that is identified under the Growth Plan as restricted for a class of action, you should determine how that will affect your land use rights.  In particular, will the restriction be treated as a policy at the State level, so, for example, you can propose to swap an alternate area of land for conservation?  Will the restriction be lifted if the State Government cannot or does not reserve the relevant land for conservation purposes?  How flexible is the Growth Plan and can it be changed during its 30-year life?

If you have land access rights or interests in land that is identified under the Growth Plan for a specific purpose, including for conservation purposes, you should determine how that will affect your existing rights or interests.  If you do not agree to the reservation of land for conservation purposes, how will the State Government respond?


ContactPerth and Peel Green Growth Plan (3)

Katie Winterbourne
Director

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Lantegy Legal Pty Ltd
ABN 29 609 885 896
PO Box 287, Mt Lawley 6929

E katie.winterbourne@lantegy.com.au


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