Background Report & Joint Media Releases: Scrap proposed legislation to weaken State Coastal Policy

July 19, 2024
Report & Media Releases

Background Report & Joint Media Releases: Scrap proposed legislation to weaken State Coastal Policy

Media Enquiries

Sophie Underwood
PMAT State Director
sophie_underwood@hotmail.com
0407 501 999

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The Validation (State Coastal Policy) Bill 2024 was released for very limited public consultation from the 16 July – 1 August 2024 and is available here and here.

The proposed changes will profoundly change the State Coastal Policy and the way our coasts are managed and protected in Tasmania.

PMAT, and other Tasmanian conservation organisations, highlight the following nine key issues and concerns:

The State Government immediately stops its attempt to amend the Tasmanian State Coastal Policy, ensuring there is no impact to the ongoing Robbins Island Supreme Court case.
Rather than fast tracking the proposed changes through the Tasmanian Parliament, any proposed changes to the State Coastal Policy must follow the existing robust legislated eight-week public consultation process (with opportunity for public hearings) conducted by the Tasmanian Planning Commission.
If, as the State Government asserts, the legality of existing structures such as jetties and wharves is in doubt, they have a responsibility to the Tasmanian community to release the legal reasons (if not the legal advice) supporting these assertions to ensure transparency in the proposal.
Note the Robbins Island wind farm is yet to gain approval from the Australian Government. Thus, there is no immediate need to rush through the proposed changes to the State Coastal Policy.
The Tasmanian Government has yet to demonstrate the need for this wide-ranging legislation. Evidence must be provided by the Government for the need for the draft legislation to change the State Coastal Policy. The Minister for Renewable Energy and Minister for Parks and Environment Nick Duigan was asked in the Tasmanian Parliament to provide a list of structures that had legal uncertainties (structures such as jetties and wharves). No such evidence has been provided and thus we remain sceptical of the Tasmanian Government’s justification for the proposed changes to the State Coastal Policy.
Any proposed changes to the State Coastal Policy must be dealt with by the Tasmanian Parliament in one package at the same time, and not by two separate Bills being tabled at different times. The Government’s approach prevents an integrated review of the State Coastal Policy as the second bill is yet to be released. The State Government is proposing to make two lots of changes to the State Coastal Policy – both changes dealt with by separate Bills. The Bill currently out for public comment aims to validate previously approved developments while the yet to be released Bill is expected to create a new assessment and approval processes. The Parliament deserves to see a complete picture of the changes to this important State Policy so it can properly assess whether to approve the draft changes or not.
We strongly encourage our State Parliamentarians to vote to send any draft legislation to change the State Coastal Policy to Committee for further review. This would at least allow further (but limited) community consultation/engagement. This is especially important as the State Government is choosing not to follow the existing, legislated eight week public consultation process conducted by the Tasmanian Planning Commission. With such an open-ended broad ranging Bill and so many unanswered questions it is critical that it go to committee for proper scrutiny.
The draft legislation (the Validation (State Coastal Policy) Bill 2024) will potentially provide for a retrospective, blanket approval for all coastal developments statewide since 2009. Such a broad-brush approval undermines previous assessments and permits issued, potentially leading to unintended legal consequences. The Draft Bill provides a retrospective blanket approval for all developments in the coastal zone from 2009 to whenever the Act receives Royal Assent. Section 3 Interpretation of the draft Bill here states that ‘validation period means the period commencing on 25 February 2009 and expiring on the commencement of this Act’ means that anything built during this time, with or without a permit, is suddenly approved taking away any legal recourse.
The State Government’s claim that no mapping of mobile landforms have been conducted is incorrect, with coastal erosion and inundation mapped statewide and publicly available. Mobile landforms have been mapped for example since 2016 via the Coastal Inundation and Coastal Erosion Hazards Bands outlined on the www.thelist.tas.gov.au. The LIST (Land Information System Tasmania) is a whole-of-government online infrastructure that helps the public find and use information about land and property in Tasmania. See page 17 of the Background Report for further details on the mapping issue and contradictory statement by the State Government.

Image of Robbins Island thanks to Rob Blakers

Joint Media Release: Proposed changes to Tasmania’s Coastal Policy touches community nerve

1. Background Report

Please read PMAT’s background report: Proposed changes to the Tasmanian State Coastal Policy 1996 and the proposed Robbins Island wind farm.

2. Media Releases

Please read PMAT’s Media Releases below:

Joint Media Release: Proposed changes to Tasmania’s Coastal Policy touches community nerve

Joint Media Release: State Government must scrap its proposed legislation to weaken the Tasmanian Coastal Policy

Joint Media Release: State Government must not legislate to kill ongoing court case over Robbins Island wind farm

3. PMAT's Submission on the Draft Validation Bill 2024

Ask your local Council’s position on DAPs. In total 542 submissions were received in 2023 re DAPs on urban/private land with 515 (95%) against (clearly against: 15 community organisations, 484 individuals, 11 councils and 5 councils mostly against). In total, only 14 submissions were clearly in favour. Only four individual members of the public and one council supported the DAPs. The other supporting submissions were development-focused government departments and peak organisations for property development and related industries. See Councillor contact details, including an easy-to-use group email option here:

4. Environmental Defenders Office Submission

The Environmental Defenders Office Submission in response to the Draft Validation (State Coastal Policy) Bill 2024 (lutruwita/Tasmania)

5. Staff Members of the University of Tasmania Law School

Submission to the Validation (State Coastal Policy) Bill 2024 by Ms Anja Hilkemeijer, Professor Jan McDonald, Dr Emille Boulot and Ms Cleo Hansen-Lohrey.

6. Public Submission Results

With just over 400 submissions made in the briefest of public comment periods, 97% of submissions received by the Tasmanian Government were opposed to the proposed retrospective changes to the State Coastal Policy.

A total of 387 submissions, 268 from members of the public and 19 from community groups statewide indicated their clear and unambiguous opposition to the Validation (State Coastal Policy) Bill 2024 tabled in State Parliament on 7 August. Many of the submissions included personal anecdotes and statements on the personal connections people have with the Tasmanian coast.

Just three submissions in support of the legislation were received; the remaining 10 submissions were neutral. Of the 24 coastal Councils in Tasmania, just two made submissions. Clarence Council offered only qualified support, while Kingborough Council was neutral.

Read the Media Release below: Tasmanian community overwhelmingly rejects proposed retrospective changes to State Coastal Policy – for more information and submission results.

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