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The Victorian Government introduced the Major Transport Projects Facilitation Bill (Vic) (‘Bill’) on 13 August 2009. The Bill is intended to streamline the environmental impact assessment, approvals and land acquisition process to facilitate the timely completion of major transport projects. The regime contemplated in the Bill is intended to apply to many of the projects identified in the Victorian Government’s $38 billion Transport Plan, including the proposed Peninsula Link PPP. Roads Minister Tim Pallas believes that the Bill will result in time savings of around 12 months in the EIA and approvals process for major transport projects.
It aims to achieve these objectives by consolidating the decision-making powers of a number of Ministers and Government Departments in relation to declared major transport projects in the one decision-making authority, being the Victorian Planning Minister (‘Minister’). The Minister will act as a “one-stop-shop”, and will be responsible for complying with environmental impact assessment (‘EIA’) and approvals requirements under Victorian law which are currently the responsibility of a number of Ministers and Departmental personnel.
Under the current draft of the Bill, the Premier may declare a major transport project to be a project to which the Bill applies (‘Declared Project’). When such a declaration is made, the Declared Project will be subject to the EIA processes contained in the Bill, and any required environmental and planning permits and approvals may be issued by the Minister.
The nature and scope of an EIA required in relation to a Declared Project will to be determined in accordance with strict statutory time limits specified in the Bill. There are two levels of EIA that may be required; the first (and least onerous) is the “Impact Management Plan Assessment Process”, while the second is the “Comprehensive Impact Statement” process (‘CIS Process’). The level of assessment required will depend in part on the nature of a particular project and the impacts likely to result from it. Where private land is required to be compulsorily acquired to facilitate a Declared Project, or where approval is required under legislation such as the Planning and Environment Act or the Environment Protection Act, then that project will be subject to the more onerous CIS Process.
In addition to the amendments to the EIA process, the Bill makes provision for:
- a partial regulation of dealings between State regulated utilities and the government project authority responsible for a project. This will set out arrangements for entering into a utility agreement outlining the rights and responsibilities of the proponent and utility in relation to utility infrastructure located within a project area
- arrangements for the compulsory acquisition of land required for Declared Projects. This will involve the Planning Minister identifying land required for a Declared Project. Once this has occurred, the responsible project authority may compulsorily acquire that land, and
- limitations to the opportunity for legal challenges to be made to the EIA and approvals process.
The Bill contains a number of substantial benefits for proponents of major transport projects in Victoria. However, some of the issues which arise in the context of the EIA and approvals process will still need to be addressed, and there are some limitations to what the Bill can achieve. These limitations include:
- the Bill will apply only to major transport projects; other major projects will remain subject to the existing EIA, approvals and land acquisition regime
- while the Bill streamlines the EIA and environmental approvals process, proponents will still need to allow a considerable amount of time for the EIA processes, particularly the CIS Process as outlined in the Bill, to be observed, and
- the Bill does not circumvent the need to obtain approval under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (‘EPBC Act’). Nor does it reduce the risk of legal challenges to a particular project being made under that legislation. Proponents will be well aware that a number of large projects have been challenged under the EPBC Act.
The Bill is still in the relatively early stages of passage through the Victorian Parliament. As the Government does not control the Upper House, and given the Greens have already indicated that they will not support it, there remains some uncertainty over whether or not it will be enacted in its current form, or indeed enacted at all.