Development

What is a Project of State Significance (POSS)?

A POSS is a large or complex development, which often requires significant investment. They may have the potential to make significant contributions to the state or national economy or have significant economic or environmental impacts. They may also have complex technical or engineering requirements requiring detailed consideration.

How are they assessed?

A POSS is assessed under the State Policies and Projects Act 1993. This process is managed by the independent Tasmanian Planning Commission.

Who assesses them?

A project seeking declaration as a POSS is initially assessed to determine whether it meets the eligibility criteria in the State Policies and Projects Act 1993. This assessment is undertaken by State government agencies with advice provided to the Premier and both houses of Parliament. Once declared as a POSS, it is assessed by a panel (the panel) that is established by the independent Tasmanian Planning Commission (Commission). Referrals are also made to relevant local councils and State Government agencies and authorities who will provide expert advice to the Commission for the assessment.

What’s the legislation for this?

The State Policies and Projects Act 1993 is the legislation that sets out all the requirements and processes.

Stages in the process

Declaration

A Premier can recommend to the Governor that a project which meets the criteria be declared as a POSS. The criteria are:

  • significant capital investment
  • significant contribution to the State’s economic development
  • significant consequential economic impacts
  • significant potential contribution to Australia’s balance of payments
  • significant impact on the environment
  • complex technical processes and engineering designs
  • significant infrastructure requirements.

A proposed POSS must meet at least two of these criteria.

The Governor must issue an order to declare a project as a POSS. This is often referred to as the ‘declaration order’. The declaration order must be approved by both houses of Parliament before it comes into operation.

The declaration order may specify the proposal must be returned to both houses of Parliament after the assessment for the final decision on the project.  Any project where the Crown is the proponent, including any government agency or entity, must be returned to both houses of Parliament for the final decision.

Assessment

Once a declaration order is made, the Minister directs the Commission to undertake an assessment process. The direction from the Minister must be given to the Commission before the declaration order is approved by Parliament. The direction may include requirements for the assessment relating to the matters to be addressed, the process to be followed, or the time for it to be completed.

The assessment undertaken by the Commission is a very robust and fully integrated assessment, meaning that detailed consideration is made on all environmental, social, economic and community issues relevant to that project. The requirements of the planning scheme or any other Act do not apply to a POSS, enabling a fully integrated assessment of all relevant issues to be undertaken.

The basic steps for the assessment process are:

  • The Commission seeks submissions from the relevant Council and agencies with an interest in the project.
  • The Commission makes guidelines for the assessment, which the proponent must address in the reports they provide.  The Commission may invite public comment on draft guidelines.
  • The proponent submits reports outlined by the guidelines.
  • The Commission prepares a draft integrated assessment report.
  • The draft integrated assessment report, supporting reports and information are exhibited, and representations invited.
  • The Commission may then hold hearings in relation to representations and may modify its draft integrated assessment report after considering representations.
  • The Commission sends the report, with its recommendations, to the Premier.

This report is made publicly available.

Decision

The decision making process varies according to whether or not a government agency or entity is a proponent.

If the proponent is not the Crown, or a government agency or entity

The Premier must consider the integrated assessment report, and its recommendations. If the Premier accepts the Commission report, the Minister may recommend to the Governor that an order determining the project is made in accordance with the Commission report.

The decision made by the order comes into effect when it is made by the Governor, unless the declaration order for the project required the final decision to be made by both houses of Parliament.

If the proponent is the Crown, or a government agency or entity

If the Premier accepts the Commission report, they may recommend to the Governor that an order determining the project is made in accordance with the Commission report. The order is returned to Parliament in the next available sitting period. It must be approved by resolution of both Houses of Parliament before it takes effect. Parliament will consider the Commission’s report but is not bound by it.

Changes to the Commission’s report and recommendations

If the Premier wishes to make changes to the Commission’s report and recommendations (regardless of who the proponent/s is/are), they may recommend to the Governor that an order be made for the project to proceed on differing or additional conditions. Where the Governor makes such an order, it is of no effect until it has been approved by resolution of both Houses of Parliament.

The Minister for Planning’s Role

The Minister for Planning has no direct role in the POSS process.  The Minister only has a general role, along with all other members of Parliament, in the decision making processes relating to the orders when tabled.

Current Projects of State Significance

Current POSS assessments are:

Macquarie Point Multipurpose Stadium – Tasmanian Planning Commission Website

Previous Projects of State Significance

  • Lauderdale Quay (refused 2010)

Proposal to develop a mixed use waterfront housing and marina development within Ralphs Bay.

  • Gunns Pulp Mill Proposal (subject to separate legislation, but not progressed)

Proposal to develop and operate a bleached kraft pulp mill at Bell Bay.

  • Basslink (approved in 2002)

Proposal for an electricity interconnector between Tasmania and Victoria.

  • Oceanport Hobart (refused in 1999)

Proposal to develop and operate an international cruise liner complex at Prince Wharf, Hobart.

  • Taiwan Pulp and Paper Corporation (approved in 1996, but not progressed)

Proposal to construct and operate a bleached eucalypt kraft pulp mill in northern Tasmania.

Further information

Project of State significance assessment – Tasmanian Planning Commission Website