Download 2014-09-09-PD-Bill-Factsheet-4-Development

Planning & development reform: Factsheet 4 of 4
Removal of ecologically sustainable development from our planning law
The principles of ecologically sustainable development (ESD) are internationally recognised
principles of best practice planning and development laws. Australia's National Strategy for
Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using,
conserving and enhancing the community's resources so that ecological processes, on which life
depends, are maintained, and the total quality of life, now and in the future, can be
increased'.1Examples of ESD principles are providing equity between present and future generations
(intergenerational equity) and acting to protect the environment where there is a threat in the
absence of full scientific certainty (precautionary principle).
CHANGE
Removal of ESD
and policies from
planning law2
Planning schemes
no longer need to
advance ESD
ESD no longer
“core principles”
of the Qld’s Great
Barrier Reef
management10
Removal of
climate change
references from
the Act
Decision makers
should advance
ESD principles.
CURRENT
Sustainable Planning Act
2009 (SPA)
ESD incorporated as the
purpose of planning laws3
including intergenerational
equity4 and the
precautionary principle.5
Main planning instruments
advance the purpose of ESD:
 Local planning schemes7
 Regional Plans8
 State Planning Policy9
Principles of ESD in SPA form
the key plank of the Program
to protect the Great Barrier
Reef11 as communicated to
UNESCO to keep the Reef off
the in danger list
The purpose of the Act14
makes explicit reference to
sustainable development to
address impacts of climate
change.
SPA required various
decision makers to either
advance the purpose of ESD,
or have regard to ESD.15
PROPOSED
Planning and
Development Act (PDA)
Principles of ESD have
been removed entirely
and replaced with the
undefined object of
‘prosperity.’6
No requirements for
main planning
instruments to advance
the Act’s purpose.
ESD and principles are
removed, even for
development impacting
the Reef.12 PDA may also
soon be accredited for
approval of impacts
federal laws too.13
There are no references
to climate change in the
PDA or State Planning
Policy.
There are no
requirements for
decision makers to act in
a way to advance the
Act’s purpose.
EDO RECOMMENDS
ESD and its principles
should continue to
be the purpose of
Qld’s planning laws.
Local planning
schemes, regional
plans and the SPP
should be required
to advance ESD.
ESD and principles
should be explicitly
given effect
throughout the
legislation.
References to
climate change
should remain in the
legislation.
Decision makers
should be required
to advance the
purpose of ESD.
This factsheet is for general information purposes and is not legal advice. Important legal details have been
omitted to provide a brief overview of this area of the law. If you require legal advice relating to your particular
circumstances you should contact the EDO or your solicitor.
What you can do: Stand up for your local community and write a submission to the State
Government on what you think needs to be in the new planning legislation. Visit
www.edoqld.org.au/ for more factsheets on the reform and issues to include in your submission.
Submissions can be emailed to [email protected] until the 26 September 2014.
1
Australian Government: Department of Environment, Ecological Sustainable Development,
http://www.environment.gov.au/about-us/esd
2
Contrary to the intent of the Intergovernmental Agreement on the Environment 1992, in particular Section 3
and Schedule 2, available at http://www.environment.gov.au/node/13008
3
Sustainable Planning Act 2009 (Qld), s3.
4
Sustainable Planning Act 2009 (Qld), s5(1)(a)(iv).
5
Sustainable Planning Act 2009 (Qld), s5(1)(a)(v).
6
Draft Planning and Development Bill 2014, section 3(1).
7
Sustainable Planning Act 2009 (Qld), section 79(b), as well as temporary local planning schemes at section
101.
8
Sustainable Planning Act 2009 (Qld), section 33(b).
9
Sustainable Planning Act 2009 (Qld), section 22(b).
10
Queensland Department of State Development, Infrastructure and Planning, Great Barrier Reef coastal zone
strategic assessment—Program Report, 2014, p.18.
11
Queensland Department of State Development, Infrastructure and Planning, Great Barrier Reef coastal zone
strategic assessment—Program Report, 2014, p.18.
12
State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act
2014 (Qld), section 79.
13
Draft Bilateral Agreement under sections 45 and 46 of the Environment Protection and Biodiversity
Conservation Act 1999 (Cth), schedule 4.
14
Sustainable Planning Act 2009 (Qld), sections 5(1)(a)(ii), 5(1)(c)(i) and 11(c)(iv).
15
Sustainable Planning Act 2009 (Qld), section 4.
This factsheet is for general information purposes and is not legal advice. Important legal details have been
omitted to provide a brief overview of this area of the law. If you require legal advice relating to your particular
circumstances you should contact the EDO or your solicitor.