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Planning and Environment Amendment (Wake Up to Climate Change) Bill 2022

Introduction Print

EXPLANATORY MEMORANDUM

Clause Notes

General

The purpose of the Planning and Environment Amendment (Wake Up to Climate Change) Bill 2022 is to amend the Planning and Environment Act 1987 (the Act) to include the climate impacts that result from planning within the framework for planning established by that Act.

In particular, the Bill—

• amends the Act to include the protection of the environment and native species and the response to climate change as a purpose and objective in the framework of the Act; and

• aims to ensure that effects of planning applications on the environment are minimised by the applicant; and

• requires the responsible authority to take into account any minor or incremental effects; and

• amends the principles in section 46AZL to ensure that the principles guiding decision-making in declared areas also have consideration for appropriate mitigation and adaptation responses. Statutory planners and other decision-makers need specific content in Planning Schemes to support them in delivering climate responsive outcomes. If there is no reference in the scheme, the ability to deliver outcomes is compromised and inconsistent and relies more heavily on individual decision-making and capacity. These changes will also address the misalignment between the Act and the Local Government Act 2020. The Local Government Act 2020

591PM139 BILL LC INTRODUCTION 1/8/2022

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now includes an overarching governance principle that requires councils to promote the economic, social and environmental sustainability of the municipal district, including mitigation and planning for climate change risks (section 9(2)(c)).

Clause Notes

Clause 1 contains the purpose of the Bill, which is to amend the Act to ensure the protection of the environment and native species and the response to climate change is considered in planning decisions.

Clause 2 sets out when the Bill will come into operation, which is the day after the day on which it receives the Royal Assent.

Clause 3 states that in the Bill, the Act is called the Principal Act and inserts into section 1 the protection of the environment and native species and the response to climate change.

Clause 4 inserts the definition of climate change in section 3(1) to align with the Climate Change Act 2017.

Clause 5 amends section 4(1)(a) of the Principal Act, so that the objectives of the planning framework established by the Principal Act include a focus on climate change.

Clause 5 amends section 4(2)(c) of the Principal Act to insert climate change as an objective.

Clause 5 amends section 4(2)(d) of the Principal Act to—

• ensure effects are minimised, not just considered; and

• include climate change in considerations.

Clause 6 amends section 12(2)(b) of the Principal Act to (a) include minor and incremental effects, and (b) include climate change in considerations.

Clause 7 amends section 13(1)(d) of the Principal Act to include consideration of the impact of climate change.

Clause 8 amends section 46AZL(c) of the Principal Act to insert the consideration of appropriate mitigation and adaptation responses to climate change.

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Clause 9 contains the repeal date for this Bill, which is the first anniversary of the day on which this Act receives the Royal Assent.

Overall, the changes allow for the impacts of climate change to be included into the consideration of planning applications as criteria for informed decision making by the planning authorities and responsible authorities.