Victorian environmental assessment laws failing

THURSDAY 29 MAY 2008

The Victorian Government should review its environmental assessment process to avoid repeats of the drawn-out and disappointing Port Phillip Channel Deepening Project process with future projects, according to an academic from The Australian National University.

Teaching Fellow at the ANU College of Law, Brad Jessup, worked as an environmental lawyer on the Channel Deepening Project and is currently researching the process. He says that the State has the country’s least regulated approach to environmental assessment and that from the beginning to the end of the assessment of the Channel Deepening Project, failings with the approach unnecessarily complicated matters.

“Victorian environmental assessment is entirely dependent on guidelines, there is almost nothing in legislation,” said Mr Jessup. “Because of this, the Minister for Planning can use or ignore the guidelines to suit his needs. Other States also have disappointing laws around environmental assessment, but the fact their laws are detailed puts them one step ahead of Victoria.

“The current assessment approach has failed, the Government said so when it was elected, and the Channel Deepening Project illustrated that. But many of the mistakes that were made in that process haven’t been learnt from and are now being replicated with the North-South Pipeline and Wonthaggi Desalination Plant assessments. The fast-tracking of those projects does not respond to the causes of the delays for the Channel Deepening Project and does not recognise the positives from the process.”

Mr Jessup added that the Government’s rushed approach to the Port Phillip Channel Deepening Project had meant that opponents did not have the opportunity to voice their concerns before their opposition became entrenched. Additionally, the Port was not made aware of the problems and opposition until too late, the consultants were unable to respond to the very long list of assessment requirements and the expert panel inquiring into the project had insufficient time and an inadequate role to review the Environment Effects Statement.

“The outcome could have been reached far quicker and people would have better understood the reasons for it if a more deliberative, considered, focused and guided assessment had been followed.

“With a review of the Planning and Environmental Act in Victoria expected soon, the government has a great opportunity to reconsider the environmental assessment process and perhaps include it in the Planning and Environment Act. The current regime is a minor part of Victoria’s suite of environmental laws. It fails to meet the goals of rigorous, accountable and deliberative assessment, as well as failing the Victorians who depend on it. They need to try out a new way of doing things. Any new approach would be an improvement on the current one,” he said.

For more information or to arrange interviews:
Brad Jessup – (02) 6125 3624
Martyn Pearce, ANU Media Office – (02) 6125 5575 / 0416 249 245