Get all the latest environmental and planning law news in the EDO Tas Bulletin – from salmon farming to farmers for climate action and everything in between.
EDO Tasmania is a non-profit community legal centre advising on environmental and planning law. Our aim is to increase public awareness of environmental laws and remedies, and help the community to secure a healthy, sustainable Tasmania.
Want to know what we think of the proposed Land Use Planning and Approvals Amendment (Tasmanian Planning Policies) Bill 2017? You can read our submission here.
EDO Tasmania strongly supports the introduction of a comprehensive suite of planning policies. However, we are not convinced that creating a new instrument, Tasmanian Planning Policies, is the best mechanism to achieve that outcome.
SUMMARY OF COMMENTS
- A suite of planning policies should be delivered through the existing State Policies process, rather than creating a whole new planning instrument
- The ad hoc way in which planning reforms are being released makes it difficult for stakeholders to make constructive comments. A public discussion regarding planning policies should have occurred before the Minister introduced the State Planning Provisions.
- Planning policies should trigger review and amendments of State Planning Provisions and Local Provisions Schedules
- Planning policies will set the policy direction for Tasmania and must be subject to broad and transparent public consultation. This should include:
- At least 42 days for public comments
- Public hearings
- Public release of the Commission’s report on public comments
- The final form and content of planning policies should be determined by the Tasmanian Planning Commission, rather than the Minister. If the Minister elects not to adopt the Commission’s recommendations, parliamentary approval should be required.
Submissions on the proposed Bill to introduce Tasmanian Planning Policies can be made until 5pm on 15 May 2017. Read more and have your say.
Can tarpaulins to catch fish waste solve environmental issues in Macquarie Harbour? Should there be a tax on meat? Are Tasmania’s anti-protest laws unconstitutional? Read our latest Bulletin for updates on these and other issues.
Don’t miss your chance to comment on proposed reforms to Australia’s suite of environmental laws, new Tasmanian Planning Policies or options to encourage innovation in the agricultural sector.
On 5 May 2017, the EPA Director issued a draft determination reducing the overall biomass cap for Macquarie Harbour from 1 June 2017 to 12,000t, allowing each of the three salmon companies farming in the harbour to stock their leases at 13t/ha.
The Director was satisfied that the reduced biomass cap was necessary, as recent IMAS data shows the harbour is “under a level of stress that may not be sustainable in the long term” and two recent mass fish mortality incidents highlight the need for caution.
Despite this finding, the Director’s determination will allow companies who install an “approved waste collection system” to stock up to 28t/ha. Last week, Tassal indicated that, due to the volume of fish it already has growing in the Harbour, it expected overall biomass to reach 18,000t during late 2017.
The “approved waste collection system”, effectively a tarpaulin installed beneath pens allowing fish waste to be collected and removed, is currently untested. The Director said:
While waste collection is technically feasible, it will be a challenging endeavour in Macquarie Harbour and will need to be carefully planned, executed, monitored and subject to ongoing review.
Tassal proposes to trial an experimental waste collection system beneath one of its existing pens – the proposal will be assessed by the EPA and, if approved, managed under an Environment Protection Notice.
In his statement of reasons, the Director noted Huon Aquaculture’s view that the environmentally compromised harbour cannot sustain more than 10,000t, but considered the proposed biomass cap was appropriate given recent signs of recovery. He said the proposed cap would “encourage remediation of harm and promote mitigation of any adverse effects that fish farming has on the Harbour.”
The Director noted the “social and economic” consequences to Tassal of destocking, and considered that “removal of the excess fish prior to planned harvesting [in December 2017] will significantly impact the community.” His decision to allow for an approved waste collection system was to provide Tassal with an opportunity to harvest its current stock while minimising environmental impacts.
It is unclear whether there will be any opportunity for public comment on the proposed waste collection system.
Are you confused about what’s been going on in Macquarie Harbour? Check out our timeline of key events.
The Planning Reform Unit has released a draft Bill to amend the Land Use Planning and Approvals Act 1993 to include a process for making and amending a new type of planning instrument, to be known as Tasmanian Planning Policies.
These Policies are designed to provide strategic guidance on statewide planning issues, to inform the 5-year reviews of the Tasmanian Planning Scheme, and to assist in the development of regional transport, infrastructure and settlement policies. A draft suite of Tasmanian Planning Policies has also been released.
- Explanatory Document for TPP Consultation_April 2017
- LUPAA Amendment (Tas Planning Policies) Bill 2017_Consultation Draft
- Tasmanian Planning Policies and Overview_Consultation Draft
Comments on the Bill can be made until 15 May 2017. Email your submission to email@example.com (subject line: Tasmanian Planning Policies) or write to:
Planning Policy Unit
Department of Justice
GPO Box 825
Hobart TAS 7001
Climate change, coal and agricultural productivity feature heavily in the latest edition of the EDO Bulletin – read about new reports, policy reviews, court cases and upcoming events exploring these issues.
Hooray, it’s Friday!
If you’re looking for something to do over the weekend, catch up on the latest edition of the EDO Bulletin. This edition features updates on the re-opening of forest reserves, changes to the Aboriginal Relics Act, new rules to deal with disputes over backyard trees, salmon farming around Tasmania and volunteering with EDO Tasmania.
The Forestry (Unlocking Production Forests) Bill 2017 was passed by the lower house late last night and will now go to the Legislative Council for debate. For an overview of the key changes proposed by the Bill, you can read our summary.
The Forest Industries Association of Tasmania has criticised the legislation, challenging the rationale for making reserved forests available and the methodology used by Forestry Tasmania to determine access. Read more on FIAT’s views here.
For a critique of the impacts of the proposal to open up FPPF Land on Forestry Tasmania’s bid for Forest Stewardship Council certification, click here.
The Bill, second reading speech and clause notes are available here.
Don’t miss out on this family-friendly event – hear great music, eat delicious food, browse market stalls, get your face painted, sample a selection of ales… all while supporting EDO Tas.
1:15pm – DJ Beezy
2:00pm – The Scary Family Band
3:00pm – Emma Anglesey
4:00pm – Mocane
Facepainting from 1 – 3pm, food by Orlando Plenty from 2pm.
Get your tickets at Eventbrite, contact EDO Tas or take a chance and buy them at the door.
Read the latest EDO Tas Bulletin to catch up on a busy few weeks of planning and environmental law news – cable car, salmon farms, production forests, planning schemes and more!