R eforming the planning laws without public consultation Jo Bragg, EDO Qld AELA April 2014 This material is for information purposes and is not legal.

Slides:

Advertisements

Similar presentations

What is involved in the planning process and who makes the decisions?

Advertisements

THE DIVERSITY OF INTERESTS IN ENVIRONMENTAL GOVERNANCE A CHALLENGE FOR THE RULE OF LAW By Professor D E Fisher.

FINANCIAL INSTITUTIONS ENERGY INFRASTRUCTURE, MINING AND COMMODITIES TRANSPORT TECHNOLOGY AND INNOVATION PHARMACEUTICALS AND LIFE SCIENCES Coal Seam Gas.

MINING ACCESS TO WATER RESOURCES – TRADITIONS AND DEVELOPING PRINCIPLES MINING ACCESS TO WATER RESOURCES – TRADITIONS AND DEVELOPING PRINCIPLES ALEX GARDNER.

World Heritage and the Planning System Steve Tyler Spatial Strategy Manager Greenwich Council.

PwC David Devlin 23 April 2002 Auditor Independence in a Global Market Place.

A Legal Perspective on the Assessment of Cumulative Environmental Impacts Adam Beeson.

Bills and the legislative process

FUNCTIONING AND POLICIES OF THE SOUTH AFRICAN LAW REFORM COMMISSION.

Land Use Strategy Rural Development Council 1 February 2010.

Commonwealth offsets and protecting biodiversity Jo Bragg AELA 2013.

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Reform and Revitalisation of the NTPS IssueProgress Development of a Strategic HR Plan of NTPS Approved.

Presentation to the PC on Mineral Resources Legal opinion - President’s referral of the Mineral and Petroleum Resources Development Amendment Bill, 2013.

Copyright … Strode’s College Laws students are free to make use of ‘Pdf Print files’ for study purposes (they should print them off and take them to class).

LO: To show an understanding of how an Act of Parliament is created.

What is environmental law?. Why we love green tape Environmental laws are an essential element in achieving ecologically sustainable outcomes. These laws:

1 Freedom of Information (Scotland) Act 2002 A strategic view.

Statute law or Acts of Parliament Parliament Common law Judge-made law Statutory interpretation Courts.

External influences. External influences on business Businesses are influenced by a range of factors over which they have little control – these are called.

Audit Advisory Committee Public health transition update 22 January 2013.

Canada’s Ocean Strategy. The Oceans Act In 1997, Canada entrenched its commitment to our oceans by adopting the Oceans Act. In 1997, Canada entrenched.

Who are the EDO Qld? Revel Pointon Solicitor EDO (Qld) Inc.

1 Workshop on the Directive 96/61/EC concerning (IPPC) Integrated pollution prevention and control INFRA Public participation & access to environmental.

 Identify and explain ‘task words’  Describe the different stages in the legislative process Learning Objectives 21 February 2012.

WORKING WITH PARLIAMENT AND GOVERNMENT Kate Udy. ROLE OF PARLIAMENTARY OFFICER A Two Way Exchange of Information –To inform the Work of the Council –Influence.

Involvement of civil society and interest groups in the law- making process in the Netherlands Jan A.B. Janus Jakarta 4-7 July 2011.

Councillor Community Fund Isabell Procter Director of Resources Francis Fernandes Borough Secretary.

{ Parliament: law- making processes Chapter 4 Overview Monday 11 February 2013.

The Legislature Textbook chapter 7.

How do we use the law to protect koalas? Revel Pointon, Solicitor, LAWJAM 16 Photo: /

Presentation on amendment of money bills National Treasury 6 August 2008.

Copyright … Strode’s College Laws students are free to make use of ‘Pdf Print files’ for study purposes (they should print them off and take them to class).

1 PRESENTATION TO PORTFOLIO COMMITTEE: 31 AUGUST 2005 Status of legislation currently dealt with by the Department of Public Works AB Annandale Director:

Infrastructure Development Bill [B ] Submission by the Centre for Environmental Rights to Portfolio Committee on Economic Development 14 January.

The Legislative Process – How Laws Are Made

The composition of cabinet The functions of Executive/Cabinet How the Cabinet works Functions of the Prime Minister The Head of State The Civil Service.

Passing Legislation: How A Bill Becomes A Law CLN4U.

RATIFICATION OF THE CAPE TOWN AGREEMEMENT OF 2012 ON THE IMPLEMENTATION OF THE PROVISIONS OF THE TORREMOLLINOS PROTOCOL OF 1993 RELATING TO THE INTERNATIONAL.

The ABA and SIL Take Policy Positions Policy pursued as a matter of civic duty. SIL uniquely positioned to provide technical input and to influence policy.

TANGATA WHENUA ENGAGEMENT IN CONSULTATION 1996 – 2006 prepared & presented for pilot of Cultural Impact Assessment tool 4 December 2010 at Harataunga Marae.

Chapter 3 – Business Environments Three levels of the Organisational Environment All businesses, whether small, medium or large, must operate in a complex.

NEW LEGISLATIVE PROCESS DEFAULT PROCESS REFERRAL TO COMMITTEE PREVENTING INJURIES ON A STATE-WIDE BASIS: RESEARCHERS AND PARLIAMENTARY COMMITTEES ARE PARTNERS.

Lecturer: Lina Vladimirovna Zhornyak, associated professor.

RE-CREATION OF THE PLANNING SYSTEM IN NSW Parks and Leisure Australia NSW State Conference Cronulla March 2014 Sandy Hoy Principal Parkland Planners.

Campaigning in Parliament.  This session will cover:  A brief recap of Parliament’s role  MPs and Members of the House of Lords  What MPs and Lords.

LEGISLATIVE PROCESS IN BANGLADESH By Kazi Arifuzzaman, Deputy Secretary, Legislative and Parliamentary Affairs Division, Ministry of Law, Justice & Parliamentary.

Neighbourhood Planning in Haringey Myddleton Road Strategic Group 7 th November 2013.

SLEPT Analysis Use in conjunction with the Intellectual Property Office Summary Study THE TIMES 100.

Legal System of Finland

How to demonstrate environmental compliance to the regulators

Policy workstreams Craig Mallett Miriam Eagle.

Sources of Law: Statutes and Delegated Legislation

EUROPEAN PILLAR OF SOCIAL RIGHTS

Level 2 Diploma in Business Administration

MARINE SPATIAL PLANNING BILL, 2017

DRAFT TRANSPORT, ENVIRONMENT & HEALTH CHARTER Department of Transport

External influences.

How a Bill becomes Law.

Sustainable Communities Act 2007

Money Bills Amendment Procedure and Related Matters Bill [B 75–2008]

Business environment in the EU Prepared by Dr. Endre Domonkos (PhD)

How a Bill becomes Law.

NSW Planning System Review

Changing the Constitution

How Laws are made in the UK Parliament

The Law Making Process – Passage of Legislation

Haylie Pepper – Perth Using Twitter in P&L Haylie Pepper – Perth

Law-making through parliament

Presentation to workshop

PRESENTATION TO PORTFOLIO COMMITTEE WATER AFFAIRS AND FORESTRY

Presentation transcript:

R eforming the planning laws without public consultation Jo Bragg, EDO Qld AELA April 2014 This material is for information purposes and is not legal advice.

What is planning? Looking at data, considering our values and making decisions about land use and natural resources. Needs consider medium and long term issues such as biodiversity and impacts of climate change as well as short term issues. The system needs to be open and accountable to limit influence of vested interests.

South East QLD … biodiversity provided little protection.

Qld Cabinet Handbook (October 2013) Section 1.1 Principles of Cabinet: “consultation is an essential element of the Cabinet process…” Section 6.1 Community consultation “Consultation with persons or organisations external to government (including employers, unions, community groups, and special interest groups) should be a routine part of policy development.”

With whom? Handbook says “with persons or organisations external to government (including employers, unions, community groups, and special interest groups)” This material is for information purposes and is not legal advice.

Consult when? Legislation Handbook, section 2.9: “Well-drafted laws are generally not conceived and drafted within a short period of time. A Bill, particularly a large, complex or controversial Bill, can take a long period to complete.”

Fair Process This material is for information purposes and is not legal advice. Policy development and consultation Cabinet Approval for Authority to Prepare a Bill (ATP) Drafting ConsultationFinal drafting Cabinet Approval for Authority to Introduce a Bill (ATI) Passage through Parliament and referral to Committee Committee hearingAssent

No white paper on proposed changes Proposed change planning legislation so the Sustainable Planning Act 2009 (Qld) becomes the Planning for Queensland’s Development Act. Proposed change purpose from ecologically sustainability to economic development and prosperity Radical changes but no public discussion paper.

Objecting to Mines – proposed loss of public rights Anyone can object to ‘mining leases’ in Queensland (but not exploration) Usual process to object to the Mining Lease (tenure) and the Environmental Authority at the same time. This material is for information purposes and is not legal advice.

Summary of objection process Application for Mining Lease and Environmental Authority Objections made to Mining Lease and/or Environmental Authority Land Court Hearing Land Court makes recommendation to Minister/EHP This material is for information purposes and is not legal advice.

Proposed reduced rights to object to new mines Third party or public interest appeal rights are under threat, submissions due 28 March 2014 Everyone, every group needs the right to have a say as mines affect the whole community-there is no evidence of vexatious claims Proposed that only affected landholders and local governments can object to tenure 90% of mines will not even be notified under the changes * program.htm program.htm This material is for information purposes and is not legal advice.

Any questions? This material is for information purposes and is not legal advice.