Page 3021 - Week 10 - Tuesday, 23 September 2014
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The ACT has the advantage of expert knowledge of its local environment and can best manage the delivery of offsets in close consultation with the community. The land custodian, lessee and conservator will all play roles in formulating and implementing offset arrangements that are suited to the land, the matter being protected and its context. This will also ensure that offsets are delivered and complied with.
The bill also provides for methods of calculating offsets to ensure consistency in offset outcomes across the ACT. In accordance with this bill, the offsets policy will be reviewed regularly to ensure it is as effective as possible, taking into consideration the views of the community. Any revised offsets policy or draft offsets policy guidelines will be subject to a public consultation process. This ensures transparency and community involvement in determining and managing offsets in the ACT.
I would like to emphasise two other major benefits of this bill. Firstly, this bill will ensure the commonwealth retains an ongoing approvals role for projects relating to commonwealth protected matters. This provides reassurance to the community that commonwealth matters will be afforded the same level of protection under the one-stop-shop arrangements.
New provisions introduced in this bill require any proposed decision, where it is likely that a development will have a significant adverse environmental impact on a matter of national environmental significance, to be referred to the commonwealth environment minister for advice. Any final decision made by the Planning and Land Authority or the minister must be consistent with the commonwealth minister’s advice. This provision also stipulates that if the commonwealth minister does not provide advice in the 10-day working period specified then the decision-maker may approve the application, and this avoids any unnecessary time delay.
These provisions allow the commonwealth minister to maintain an ongoing role in the development of projects involving matters of national environmental significance. Importantly, these provisions are also consistent with the parliamentary agreement requiring the commonwealth to retain an ongoing approvals role in environmental protection for matters of national environmental significance.
Secondly, in emphasising the benefits of this bill, the amendments strengthen the role of the Conservator of Flora and Fauna by providing the conservator with a key role in the assessment and approval of projects that are likely to have significant adverse environmental impacts on matters of national environmental significance. The bill requires all such projects to be referred to the conservator for advice.
When making a decision, the Planning and Land Authority cannot make a decision that is inconsistent with the conservator’s advice. If, however, the minister exercises call-in powers, the minister can make a decision that is inconsistent with the conservator’s advice, as long as the decision is still consistent with the offsets policy and provides substantial public benefits. As has been emphasised by my colleague Minister Gentleman, this important conservator concurrence feature will ensure independent advice on matters of national environmental significance and will provide assurance to the public about the appropriateness of approval conditions.
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