Joint Media Release: State Government must scrap its proposed legislation to weaken the Tasmanian Coastal Policy
18 July 2024
The Draft Validation (State Coastal Policy) Act 2024, released earlier this week by the State Government, raises more questions than it answers and demonstrates the government’s arrogancy and contempt for the public and the parliament.
Tasmanian conservation organisations repeat their call for the State Government to scrap their retrospective legislation to amend the Tasmanian State Coastal Policy, commit to not interfering with the Robbins Island Supreme Court case and to release its legal reasons regarding the status of existing coastal structures.
Representatives of the Tasmanian Conservation Trust, Planning Matters Alliance Tasmania, Australian Coastal Society and Environment Tasmania believe that the Government’s draft legislation is designed solely to guarantee the approval of the wharf required to construct the proposed Robbins Island wind farm but is being disguised as a solution to a much bigger problem that doesn’t exist.
The Government’s draft legislation will weaken the ongoing Supreme Court case that is challenging the approval of the proposed Robbins Island wind farm, but the Minister arrogantly refuses to address these criticisms.
The Minister’s entire argument for why this legislation is needed rests on unreleased legal advice from unnamed lawyers that the Minister claims raise legal problems with the Coastal Policy regarding developments in actively mobile landforms.
Instead of providing his legal reasons, the Minister produces a smokescreen, claiming a need to validate an ever-growing list of structures in actively mobile landforms. First it was jetties and boat ramps, and now it includes boardwalks through dunes, fences, lookouts and even golf courses.
If this is true, why is the Minister unable to identify one single example of a structure that has its approval in doubt?
The Minister adds to the smokescreen by claiming that there are no definitions or maps of actively mobile landforms, but many landforms are mapped as part of the coastal hazard overlays in the Statewide Planning Scheme.
Quotations:
“If there is a problem with the Coastal Policy that requires validating legislation, why doesn’t the Minister provide the legal reasons and why can’t the Minister even name the source of the legal advice he received?” TCT CEO Peter McGlone said today.
“The Tasmanian Government has yet to demonstrate the need for this wide-ranging legislation” Dr Eric Woehler, Co-convenor of the Australian Coastal Society (Tasmania) said.
“This is a retrospective, blanket approval for all coastal developments statewide since 2009” Dr Woehler added.
“The Tasmanian Government has yet to demonstrate the need for this wide-ranging legislation” Dr Eric Woehler, Co-convenor of the Australian Coastal Society (Tasmania) said.
“This is a retrospective, blanket approval for all coastal developments statewide since 2009” Dr Woehler added.
PMAT State Director Sophie Underwood raises serious concerns “changes to Tasmania’s State Coastal Policy will open pandoras box, including potentially leading to unintended legal consequences. The proposed changes will profoundly change the State Costal Policy and the way our coasts are managed and protected in Tasmania.”
“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.”
James Overington Executive Officer at Environment Tasmania said “Public meetings are being held in Dunalley, Kingston and South Arm next week. This will be the first opportunity for Tasmanians to raise their concerns. More information is available via our website.”
See the media release here.
Read Planning Matters Alliance's background report here.
Available for interview in Hobart:
Peter McGlone, CEO, Tasmanian Conservation Trust
Sophie Underwood, State Director, Planning Matters Alliance Tasmania
Dr Eric J Woehler OAM, Co-convenor, Australian Coastal Society (Tasmania)
Available for interview in Launceston:
James Overington, Executive Officer, Environment Tasmania