REFORM OF VICTORIA’S ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM

BRUCE MCCLURE, General Manager CMPA comments on a recent stakeholders meeting he attended where officers from the Department of Planning and Community Development (DPCD) discussed a proposed review of the Environmental Impact Assessment system.

THE Victorian Government released in March 2012 its response to the Parliamentary Environment and Natural Resources Committee (ENRC) inquiry into the Environmental Effects Statement Process. The Government stated that it was their intention to proceed with reform of Victoria’s environmental impact assessment system. Since March a policy proposal to
implement the reform priorities announced by the Government has been developed.

The ENRC inquiry determined the following reform agenda to be adopted:

• Reformed EIA processes were to:
  • Be grounded in a clear set of objectives to guide their implementation.
  • Provide certainty for all parties about processes, considerations and time frames.
  • Embody principles of fairness, including for third party rights.
• A tiered suite of EIA processes to enable efficient assessment of project proposals with a variable potential for significant environmental impacts.
• Establishing clear links between the outcome of the EIA process and regulatory decision-making and compliance oversight by relevant bodies.
• Option to enable assessment of strategic proposals that are wider in scope than individual projects, where this offers efficiency and environmental benefits.

The Key features of the proposed reforms as stated by the Department of Planning and Community Development (DPCD) are as follows:

• Focusing on assessment of potential for significant impacts on environmental assets in a regional or State context.
• Establishing legislative certainty of procedures, time frames and considerations for EIA processes.
• Establishing a tiered suite of EIA process options that can be applied to match the level of environmental risk arising from individual projects.
• Separating process decisions from final determination on a proposal, with DPCD responsible for former and the Minister of Planning for later.
• Coupling EIA with processes under approvals legislation, including information and consultation requirements and streamlined decision-making, to reduce time and costs.
• Providing an option of Strategic Environmental Assessment (SEA) to assess the outcomes of proposals such as a spatial plan for development, an infrastructure program or a suite of projects.

The proposed system objectives as stated by DPCD are as follows:

• To enable development that contributes to economic and social well-being while also maintaining ecological processes, both in the short-term and into the future.
• To provide for transparent, proportionate and timely assessment of potential impacts of proposals and its efficient integration with decision-making under other applicable legislation.
• To ensure proponents are accountable for investigating and managing the environmental impacts of their proposals.
• To provide public access to information regarding environmental impacts as well as fair opportunities for participation.
• To encourage timely engagement between proponents, agencies and stakeholders to facilitate sound planning of proposals.
• To enable efficient alignment of Victorian assessment and approvals processes with frameworks under the Commonwealth EPBC Act to address matters of national environmental significance.

The proposed principles for the reform as stated by Department of Planning and Community Development (DPCD) are as follows:

• Decision-making would be guided by these overarching principles:
  • Requirements for environmental assessment and management are to be transparent, efficient and effective, in the context of applying proportionate or risk-weighted effort and ensuring accountability for outcomes.
  • Decision –making is to apply the objectives and principles of ecologically sustainable development.

It was decided by DPCD to test stakeholder responses to the policy proposal to enable its refinement before proceeding to the preparation of legislation in 2013. Key organisations from a number of sectors were invited to participate in consultation sessions that were to provide an opportunity for these participants to be briefed on the policy proposal and to provide feedback.

The CMPA attended a consultation session early in November 2012. There is an opportunity for stakeholders to comment on the proposal and the CMPA will submit comments to DPCD based on the information provided.

From the details provided, the discussion that took place at these meetings and from further submissions from stakeholders, DPCD will revisit their proposal. At this stage DPCD was not sure if a draft exposure bill would be prepared or if indeed any further consultation on this proposed EIA reform will take place. The CMPA will track the progress of the reform of the EIA system and keep members informed.

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