Premier’s Local Government Council

Special Meeting on the Nation Building and Jobs Plan

20 March 2009

The Premier’s Local Government Council (PLGC) met on 20 March 2009 to discuss the efficient delivery of infrastructure under the Prime Minister’s $42 billion Nation Building and Jobs Plan (NBJP) to boost economic growth and create jobs in the context of the global recession. Discussion focused on the National Partnership Agreement (NPA) signed by all states and territories to deliver $21 billion of social housing and infrastructure, provided a range of conditions are met – including extremely tight commencement and completion timeframes. The Council noted that failure to meet the conditions of the NPA will result in withdrawal of funding and, potentially, the reduction of an equivalent amount of future Commonwealth funding (e.g., GST payments) to states.

The Premier highlighted that existing planning approval processes would be a major barrier to meeting the Commonwealth’s timeframes for construction to commence social housing and infrastructure projects funded under the NPA. He explained that having considered measures being developed in other states to address the same issue, it was clear that an alternative, streamlined planning process would be required to maximise Tasmania’s share of NPA funding and avoid potential financial penalties.

The Premier informed the Council that the Government is drafting a new piece of legislation that would exempt social housing and school infrastructure projects from the Land Use Planning and Approvals Act 1993 (LUPAA) and provide a process to fast-track planning processes while still requiring that good planning principles and community views are considered. The Premier advised that:

• The proposed Act would apply only to social housing and education infrastructure projects in furtherance of the NBJP.
• The proposed Act would not give proponents a second chance to push through developments that had been rejected by councils previously.
• The exemption would apply only to LUPAA. All other approvals legislation, such as the Building Act 2000, Historic Cultural Heritage Act 1995 and Aboriginal Relics Act 1975 still apply.
• Proponents would need to have regard to existing planning schemes, community views and key planning issues such as open space to density ratios, car parking and energy efficiency.
• Proponents would need to demonstrate that they have followed processes for consultation and considered planning matters prescribed by the Act.
• The proposed Act would expire in 2012 when NBJP projects should be fully implemented.

Local government representatives sought clarification on a number of matters including:

• the requirement for proponents to interact with local government
• whether there would be a defined period for consultation with local government and the community
• who would finally be responsible for approving projects.

In response, the Premier indicated that the proposed legislation would require proponents to consult with councils and account for any matters raised by them. He explained that the legislation would create the role of Project Authority to certify final project designs, provided that proponents had followed the prescribed process.  Once certified, construction could commence in accordance with the final project design.

The Council agreed that administrative arrangements to ensure the proposed legislation is implemented in an efficient and coordinated manner would be critical, and that the matters raised at the meeting would be the subject of ongoing discussion.

The next meeting of the PLGC is scheduled for 8 April 2009, in Hobart.

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