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Best practice with Victorian environment effects statements

This overview by Tim Power focuses on understanding the front-end and back-end issues of Victorian environment effects statements (EES), including referrals, panels, and the Commonwealth interface. It provides insights on planning approval options, stakeholder engagement, and the importance of a systematic and comprehensive approach.

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Best practice with Victorian environment effects statements

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  1. Best practice with Victorian environment effects statements Anticipating and dealing with avoidable problems Tim Power

  2. Overview • Who cares what the lawyer thinks? • good question • Front-end (pre-EES) • referrals • Back-end (post-EES) • panels • trends and priorities in panel hearings • Commonwealth interface

  3. Front-end issues • Understand the process and its expectations • planning approval options for Victorian projects • local and State government tensions • other Victorian consents: joint exhibition • interface with the EPBC Act: use of accredited process? • potential for conditional ‘no-EES’ decision • most importantly, it’s not a ‘box ticking’ exercise

  4. Front-end issues • Referrals • pre-referral engagement with government • flexibility with project description and process • think through the implications of the referral form questions before you answer them • Consultants • consider experience of key consultants as expert witnesses from the outset • scope

  5. Back-end issues - Panels • Appointed by Minister for Planning with approval of Governor in Council • independent (detached, critical) inquiry • specialist panellists • Dual statutory functions • planning scheme amendments • works approval applications • Terms of reference • not binding if also reporting on PSA

  6. Back-end issues • Recurrent issues and problems at panels • project definition • how it has evolved • alternatives • cumulative impact assessment • where to draw the line • insufficient detail in characterising ‘second order’ impacts • particularly for construction-related impacts • differing views on risk-based approach

  7. Back-end issues • Recurrent issues and problems at panels (cont) • Stakeholder engagement • Social impact assessment • particularly important during construction • capacity/capability • Government agency engagement • varies • assume potential for inconsistency, duplicity, and incompetence

  8. Commonwealth interface • EPBC Act • also triggered by referral • Accreditation of Victorian assessment process • default position • not always going to be best option • Have been some problems • panel report not addressed matters of Commonwealth interest

  9. Concluding thoughts • EES needs to • present a project narrative • be credible • systematic and comprehensive • Don’t cut corners • risk-based assessment • panels can perceive risk differently to proponents or government agencies

  10. www.freehills.com

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