Toondah Harbour environmental report triggers calls for submission process overhaul

Laws forcing developers to pay for environmental assessments of their own projects have been questioned after an impact statement was released for Cleveland’s Toondah Harbour residential project.

Cleveland’s Toondah Harbour captured in this photo by JUDY LEITCH.

The federal Environment Department has reiterated its vow to overhaul the country’s environmental laws, a day after a developer released a 5000-page impact assessment of its own $3.4 billion Toondah Harbour project.

Calls were made to the federal government this week to change laws to stop big developers paying for environmental impact assessments, following the release of Walker Group’s report into Cleveland’s Toondah Harbour residential project.

An Environment Department spokesman said there were plans to overhaul the Environmental Protection and Biodiversity Conservation Act before December and bring forward new legislation in 2023.

Walker Group’s development is planned for reclaimed land at the Cleveland ferry terminal, the port to catch boats to the tourist mecca of North Stradbroke Island.

A panel of 11 scientific experts contributed to the report, commissioned and paid for by the developer which is headed by International Water Centre board member Dr Paul Greenfield.

There is no suggestion of any wrongdoing by any of the panel of experts who prepared the Walker Group report.

Toondah Harbour EIS released with Federal Environment Department to overhaul EPBC Act

Australian Conservation Foundation spokesman Josh Meadows said having developers pay for assessments of environmentally sensitive projects was “not at arm’s length”.

The conservation foundation said it was a flaw in federal laws to allow developers to control the submission process with Walker Group handling all criticisms about its own impact assessment.

The foundation has also asked the Federal Court to overturn a 2021 Administrative Appeals Tribunal decision to keep secret details of meetings between a government department and Walker Corp.

Letters revealed former Environment Minister Josh Frydenberg had previously sought to remove a part of the Cleveland wetlands area from Ramsar protection.

“Something is wrong with the assessment process in Australia when powerful property developers are allowed to decide who does the environmental impact statements for the projects proposed by the developer,” he said.

“How can the public be confident the impact on the environment is being genuinely assessed, when the property developer is choosing who does the assessing and deciding which data is made public and what is kept hidden?

“This is an aspect of the national environment law that should be examined when Environment Minister Tanya Plibersek undertakes her reform of the Act.

“There is an urgent need for a genuinely independent federal Environmental Protection Authority to oversee the operation of the national environment law.”

Toondah Harbour EIS released with Federal Environment Department to overhaul EPBC Act

A Walker Group spokesman said the developer had gone beyond the normal regulatory requirements of an environmental-impact statement but would not reveal the report’s cost.

The draft report said the 3600-unit high-rise apartments on sensitive Ramsar wetlands would result in “no expected reduction in migratory bird numbers” and would “deliver a positive outcome for koalas”.

Action group Save Straddie also called for details of how much Walker Group paid experts to provide reports and for details of the numbers of experts asked to participate in the report.

In May, more than 2200 people rallied against the high-rise proposal, which has been the subject of five previous petitions.

Walker Group said it would accept all submissions from project opponents who had science which contradicted findings in the EIS.

Submissions on the impact assessment report for Toondah Harbour can be sent to Walker Group until December 6.

Following the community consultation, Walker Group will respond to, review and consider all submissions.

Walker Group will then submit the draft impact statement to the federal government, which will commence a 40-business-day assessment period upon accepting the statement.

Environment Minister Ms Plibersek will then determine whether to approve, approve with conditions, or not approve the project.

If approved, Walker Group will seek state government environment and development approvals to begin construction.

Originally published as Toondah Harbour environmental report triggers calls for submission process overhaul