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Mr DEAN (Windermere ) - I have waited for a long time for this and
I can get through the rest of the night, hopefully. I have listened
to all of the speakers and I do not disagree too much with what has
been said and the members have certainly covered it very well. I can
certainly count the numbers around this Chamber and I think the RPDC
process will get up. I have no real concerns about the RPDC process.
I think it will be fair and I think it will give the public plenty of
opportunity to have their say and put their position forward so I really
have no negative position in relation to that. But whether or not it
is a project of State significance is a matter that I want to talk about
a little.
It is interesting, with the greatest respect to the member for Elwick,
when he says that we should not place too much emphasis on the word
'State'. Well, when you look at the act with which we are dealing it
very clearly says, in Part 3, under the heading, 'Integrated Assessment
of Projects of State Significance', and then when you go into it further
at 16(1):
'For the purposes of this Part, a project is eligible to be a project
of State significance if it possesses at least 2 of the following attributes'.
So you cannot take the word 'State' out of this. It is an essential
ingredient when you are assessing whether or not a project is one of
that sort of State significance.
Mr Martin - Yes, but it does go on to say what you just read there,
that it needs two of these seven criteria if it is a project of State
significance and that -
Mr DEAN - Yes, I accept that and I was going to go into that. What we
have there are eight points and what I would say in relation to that
is that there would not be too many projects out there that in some
way would not meet two of those criteria at least and I will refer to
some of them in a moment. But what I want to do is just look at the
word 'significant', for instance. How do we interpret the word 'significance',
Mr President, when we are looking at this? What is 'significant'? I
suppose you can go to - as I always do - the dictionary to see what
it says about the word 'significant'. What the dictionary says is 'something
that is important, something worth noting, having some meaning, relevant,
appreciable, indicating or implying something'. That is what significant
means.
I just want to look at my own area, for instance, the Launceston area
and if you look at the much talked about CH Smith development proposal,
it very clearly would fit within these criteria, as a project of State
significance. If the Government wanted to take that away from the Launceston
City Council they could do it.
Ms Thorp - No, they can't.
Mr DEAN - They could.
Ms Thorp - How could they take it away?
Mr DEAN - Well, it would fit into these criteria.
Ms Thorp - You are saying 'take it away' and that is what -
Mr DEAN - If there was reason for it, if the developers put a good position
I suppose to the Government to ask the Government to consider it as
a project of State significance it would meet the criteria. That is
the point I am making.
Ms Thorp - Then it would have to get through both Houses of Parliament.
Mr DEAN - Yes, it would but it would meet the criteria for it to get
into the parliamentary system. If you looked at the current gasworks
site at Launceston that is another one. That meets a number of the criteria
if you looked at that - heritage buildings on the site. It is very significant,
in my opinion. Musselroe Bay is another one.
Mr Harriss - Maybe the proponents are happy with the less stringent
assessment.
Mr DEAN - No, quite to the contrary. They have every confidence in the
council to be able to satisfy and to look at this development appropriately
and properly in all of the circumstances. This is what local government
was set up to do. One of the essential responsibilities of local government
is to look at development applications in their local government areas.
Mr Harriss - If they have jurisdiction.
Mr DEAN - Well, I am not so sure that the Clarence council do not have
jurisdiction because when I sought advice on that it was questionable
as to whether or not they did and I certainly did not get a categorical
statement from them to say that they could not assess this matter.
Mr Harriss - Section 43A is the only way forward through the council.
Mr DEAN - I could look at, as an example of local government, the Seaport
development at Launceston. What has that provided? It has provided a
number of restaurants. It has provided a large motel complex. It has
provided a marina - quite a large marina area there. It has provided
apartments, residential units. It is a very significant development.
I was not in local government at the time but local government handled
that matter under their planning scheme and quite obviously dealt with
it appropriately and properly in all the circumstances.
With this development in Ralphs Bay, I think the member for Huon made
comment about somebody saying it is just a housing development site.
It is not quite that. It is a housing development site with a marina
part to it. But it really is not a huge development site. There are
other development sites around this State bigger than what is proposed
for Ralphs Bay. We heard of one yesterday at Cygnet. I think there was
one along here at Rokeby with 800 to 900 homes involved in it. There
have been others around the State.
Mr Parkinson - I thought you were being parochial for a minute.
Mr DEAN - No, I refer to other parts of the State. But there are other
developments around this State far more significant in size and value
than I would suggest that the Ralphs Bay project is. With the Ralphs
Bay project, as I understand it, there is a time period of 10 years,
is that right, for the whole development to be completed?
Mr Parkinson - It is the potential impacts, though, that are more significant
than most other development projects.
Mr Aird - It is the complexity. This is about the incapacity of a local
planning scheme to deal with things. There is a conservation zone involved
here. There are a lot of decisions to be made and you need absolute,
total rigour.
Mr DEAN - I accept that there are complexities there. I accept all of
that. But is that a reason to take it away from a local government -
Mr Martin - Half of them asked us to.
Mr Parkinson - Clarence council didn't want it.
Mr DEAN - It was a five-all, wasn't it?
Mr Wilkinson - It was more than that.
Mr DEAN - I thought it was a five-all situation. I think it was the
member for Murchison who referred to the position that the media have
held in relation to this development, whereas the Advocate and the Examiner
were not interested in it at all because they saw it as having no impact
on their readers. They sell papers right through the top half of the
State which we know is home to more than 50 per cent of the population
in Tasmania. So it is a significant part of Tasmania, the population
that they service, but they did not see the need for that. The executive
summary in Walker Corporation's impact statement or the study they did
of course very clearly stated that the media were not interested in
coming down to any of the media events that were held in relation to
it.
Mr Parkinson - It is a pity because the Examiner is otherwise a very
objective newspaper.
Mr DEAN - Yesterday was a very important day I thought and I would have
thought that if there was the strong belief around this State that it
was a project of State significance, there would have been something
in those northern papers this morning, but there was nothing there again,
not one piece.
Very clearly a development of the size of the pulp mill, which is a
billion dollar-plus project, impacts on the whole State, impacts on
the State's road structure, quite obviously, and the economy of the
State. It impacts on just about every part of this State in some way
and just about every person in this State will be impacted on in some
way, and I can accept that is a project of State significance. But I
find great difficulty in accepting that what we have here in Ralphs
Bay is. A lot of people have spoken to me and said that this is the
thin end of the wedge.
Mr Parkinson - Given that it fits in with the statute definition, do
you think it is a good process?
Mr DEAN - I have said that I have no problem with the RPDC process.
I think it is a good process and I indicated at the beginning it gives
the public plenty of opportunity to put their position forward and to
have their say. I have no difficulty with the POSS process in itself.
As the member for Nelson mentioned, I accept what the Premier said -
that he will accept the umpire's decision on this and that he will go
on with that. I have no doubt that that will happen, but even if it
did not there is still protection for the people because it has to come
back to the Parliament and go through both Houses. So there is that
absolute and total protection there.
I want to refer to a comment that has been made - and this is one of
the concerns of local government - that there is this feeling that the
State will remove things from the local government arena as they see
fit and as they want to and that at the end of the day local government
might not be left with too much. I want to read a comment made by the
President of the Australian Local Government Association, Councillor
Paul Bell, in the ALGA News, 1 September 2006, and I quote:
'Victoria is leading the way in best practice. ALGA welcomes the trend
away from draconian measures by some states to take away planning powers
from local government.'
So a lot of local governments in the country have concerns about States
removing from them what they see as some of their responsibilities and
powers, particularly in the planning area. I will refer to that and
I think the member -
Mr Martin - That is Victoria.
Mr DEAN - He was talking on behalf of local governments throughout the
country. Mr President, I am not going to take it any further than that
other than to say that I have great difficulty in accepting that this
is a project of State significance. I believe it is a local government
issue and that local government could have handled it quite capably.
At the end of the day I have concerns about where this is going to lead
and unless the Leader is very convincing in his answer to the debate
I may well have to oppose the motion.
Mr Harriss - He will be convincing, don't worry!
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