1 / 10

Best practice with Victorian environment effects statements

This overview by Tim Power focuses on understanding the front-end and back-end issues of Victorian environment effects statements (EES), including referrals, panels, and the Commonwealth interface. It provides insights on planning approval options, stakeholder engagement, and the importance of a systematic and comprehensive approach.

Download Presentation

Best practice with Victorian environment effects statements

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Best practice with Victorian environment effects statements Anticipating and dealing with avoidable problems Tim Power

  2. Overview • Who cares what the lawyer thinks? • good question • Front-end (pre-EES) • referrals • Back-end (post-EES) • panels • trends and priorities in panel hearings • Commonwealth interface

  3. Front-end issues • Understand the process and its expectations • planning approval options for Victorian projects • local and State government tensions • other Victorian consents: joint exhibition • interface with the EPBC Act: use of accredited process? • potential for conditional ‘no-EES’ decision • most importantly, it’s not a ‘box ticking’ exercise

  4. Front-end issues • Referrals • pre-referral engagement with government • flexibility with project description and process • think through the implications of the referral form questions before you answer them • Consultants • consider experience of key consultants as expert witnesses from the outset • scope

  5. Back-end issues - Panels • Appointed by Minister for Planning with approval of Governor in Council • independent (detached, critical) inquiry • specialist panellists • Dual statutory functions • planning scheme amendments • works approval applications • Terms of reference • not binding if also reporting on PSA

  6. Back-end issues • Recurrent issues and problems at panels • project definition • how it has evolved • alternatives • cumulative impact assessment • where to draw the line • insufficient detail in characterising ‘second order’ impacts • particularly for construction-related impacts • differing views on risk-based approach

  7. Back-end issues • Recurrent issues and problems at panels (cont) • Stakeholder engagement • Social impact assessment • particularly important during construction • capacity/capability • Government agency engagement • varies • assume potential for inconsistency, duplicity, and incompetence

  8. Commonwealth interface • EPBC Act • also triggered by referral • Accreditation of Victorian assessment process • default position • not always going to be best option • Have been some problems • panel report not addressed matters of Commonwealth interest

  9. Concluding thoughts • EES needs to • present a project narrative • be credible • systematic and comprehensive • Don’t cut corners • risk-based assessment • panels can perceive risk differently to proponents or government agencies

  10. www.freehills.com

More Related