Lauderdale Quay Proposal - Assessment/Approvals Process

In 2006 the Tasmanian Government determined that the proposal by Walker is eligible for project of State significance status, which places the assessment and approvals process under the State Policies and Projects Act 1993 (Tas). On 11 July 2006 the Governor made an order declaring the proposal to be a project of State significance.

The declaration of a project of State significance takes a major development proposal outside the planning and development process established under the Land Use Planning and Approvals Act 1993 (Tas) and other relevant legislation.  Section 19 of the State Policies and Projects Act 1993 (Tas) (as amended) details the effect of the order.  Part 3 of the State Policies and Projects Act 1993 (Tas) sets out the statutory assessment process for a project of State significance. 

The Premier is the Minister responsible for administering the Act in respect of projects of State significance.

There are four stages in the assessment process.  We are currently at Stage 3.

Stage 1        Stage 2        Stage 3        Stage 4

The flow chart below sets out the process the Commission will adopt for the integrated assessment of this project of State significance.

Legislative basis for assessment

Tasmanian

The previous Tasmanian Premier, the Hon. Paul Lennon, directed the then Resource Planning and Development Commission (the Commission) to undertake an integrated assessment of the Lauderdale Quay proposal in accordance with Part 3 of the State Policies and Projects Act 1993 (Tas).  The Commission is required to undertake an integrated assessment once the project of State significance order has been approved by both Houses of Parliament. 

The term “integrated assessment”, in relation to a project of State significance, means a consideration of environmental, social, economic and community issues relevant to that project and such other issues as may be prescribed.

For this particular assessment the Commission has an additional statutory responsibility to perform.  If the Commission recommends that the project proceed it is required to determine that part of the land specified as part of the Ralphs Bay Conservation Area shown under Schedule 1 of the Ralphs Bay Conservation Area (Clarification) Act 2006 which is necessary or convenient for the project to proceed.

Australian Government

On 22 December 2006 a delegate of the Minister for the then Department of Environment and Heritage (now the Department of Environment, Water, Heritage and the Arts), determined that the proposal by Walker was a ‘controlled action’ requiring approval for the purposes of the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) (EPBC Act). 

The controlling provisions (aspects of the environment likely to be impacted) for this proposal under the EPBC Act are:

• sections 16 and 17B, Wetlands of international importance;
• sections 18 and 18A, Listed threatened species and communities; and
• sections 20 and 20A, Listed migratory species.

It has been agreed between the Tasmanian and Australian Governments that assessment by an accredited process must be conducted in accordance with the State Policies and Projects Act 1993 (Tas).  This means that the Commission is undertaking the assessment and providing the Minister for the Environment, Water, Heritage and the Arts with an assessment report on the impacts of the action.  One assessment is being undertaken to meet the statutory requirements of both the Australian and Tasmanian Governments.