Major projects could be exempted from NT laws, and Minister ‘step in’ powers under future Territory Controller
The proposed Territory Controller’s powers have been labelled ‘profoundly anti-democratic’ and if accepted may allow politicians to side step regulations and override government agencies.
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Sweeping powers to allow fracking and agricultural projects to side step regulations has been labelled “profoundly anti-democratic and anti-Territorian”.
On Thursday, Opposition leader Selena Uibo revealed a “secret” consultation paper which could give the NT Government the power to override regulatory checks and balances for major infrastructure projects.
The CLP Government quietly released the Territory Coordinator Consultation Paper to select stakeholders, outlining how it planned to ‘mitigate’ red tape and costs for industry.
Controversially, the draft paper said the Territory Coordinator would be granted significant “escalatory powers”, including giving it the power to override watchdog agencies and “exempt” projects from certain Acts.
If accepted, the Minister would be given the power to use exemption notices to “modify the application of an Act … on a one-off basis”.
The draft paper said this power could be used when it duplicated other processes, or when “strict compliance with the statutory process is unnecessary or problematic” compared to the “primary principal” of driving economic prosperity.
The CLP draft paper said the Territory Coordinator would assist “projects of significance”, including onshore gas development, renewable energy developments or agricultural projects, or Territory Development Area Plans like the Beetaloo sub-basin and the Ti Tree horticultural zone.
Environment Centre NT executive director Kirsty Howey said it was clear these powers would be used to fast-track destructive projects and override the wishes of impacted Territorians.
“These proposed laws are profoundly anti-democratic and anti-Territorian,” Dr Howey said.
On Thursday Ms Uibo accused Chief Minister Lia Finocchiaro of hiding her plans.
Mrs Finocchiaro denied the draft paper was a “secret” but confirmed it was released to a select group of stakeholders including the Darwin Major Business Group and Master Builders.
“(We’ve) put out an a consultation paper and exposure draft of the Territory Coordinator legislation to key different sectors in the in the community, in the business sector, to get feedback and test with them whether or not that legislation has hit the mark,” she said.
Mrs Finocchiaro said the “flagship” reform was in line with her party’s election promise to create a Territory Controller and slash all approval time frames across government by 50 per cent,
She said it did not undermine her election promises to uphold environmental regulations, but said her focus was to ensure the government “presses go on our economy”.
The draft paper was tabled by Labor, with just eight days for the public to give their feedback before November 1.
The draft paper said given the strong “interventional powers”, any exemption notices would have to be tabled to parliament within three sitting days to allow a vote to repeal the move.
Since the CLP has a 17-seat majority it is unlikely that any “disallowance” motions would be passed.
The exemption powers do not apply to the NT Sacred Sites Act, or Heritage Act, and cannot interfere with Commonwealth laws, including Native Title, Aboriginal Land Rights and Environment Protections and Biodiversity Conservation Act.
The draft paper would also give the Territory Coordinator or Minister “step in” powers to override watchdog departments, and make decisions usually reserved for select agencies.
This would grant the power to “undertake the assessment and decision making process as if (they) were the entity responsible”, with the department then responsible for implementing their ruling.
“It is anticipated these powers will be infrequently used, they offer the opportunity to support decision making … to responsibly expedite economic development,” it said.
The Government has called for limited judicial review of the proposed Territory Coordinator, only allowing court contests over the “step in” powers — not exemption notices.
“The intent of limiting the review of decisions is to provide certainty in relation to decisions make by the Territory Coordinator or Minister, thereby supporting confidence in the investment and business environment in the Territory,” it said.
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