Third party merit reviews to be axed, sacred site reforms flagged ahead of NT parliament return

The right for third party groups to take developers to court over environmental and planning concerns will soon be stripped. Here’s what else to expect when NT parliament returns this week.

Environment Minister Joshua Burgoyne and Health Minister Steve Edgington. Picture: Fia Walsh.

The right for third party groups to take developers to court over environmental and planning concerns will soon be stripped, in reforms expected to be made into law this week.

Northern Territory parliament returns for a second week of sittings on Tuesday, with third-party merit reviews, police powers, and sacred site reforms expected to top the agenda.

The Petroleum, Planning and Water Legislation Amendment Bill removes the ability for Territorians unrelated to a project to seek a merit review at the NT Civil and Administrative Tribunal.

The CLP says the move will streamline processes, give investors more certainty that approval means approval, and help stamp out ‘vexatious environmental lawfare’.

“We have a strong regulatory regime, we have an independent DCA (Development Consent Authority), an independent NT Environment Protection Authority and an independent water controller,” Planning and Environment Minister Joshua Burgoyne said.

“When you have gone through every single approval process and you have ensured that you’ve dotted every I and crossed every T, an approval will be an approval here in the Northern Territory.

“What we do not want to see is environmental activists seeking to use this process to disrupt and delay processes from getting on with doing what we all need to see here in the Northern Territory – which is economic development.”

The common law right to judicial review will not be affected, meaning people will retain the right to seek review by the Supreme Court.

Independent MLA Justine Davis said third-party merit reviews offered “crucial checks and balances” and were needed “now more than ever”.

“They are not weapons of so-called ‘green lawfare’. They cannot be replaced by judicial review alone,” she said.

“While judicial review assesses whether a government decision is legal, merits review examines whether the decision, considering all available information, was the right decision — one of good merit.”

Central Land Council chair Warren Williams. Picture: Central Land Council

On Monday the NT News revealed the CLP planned to amend the Territory’s Sacred Sites Act, with a Bill to be introduced by the end of the week.

The Central Land Council condemned what it described as the government’s “latest attempt to rush through ill-considered changes to laws that will threaten traditional owners’ rights and interests, without consulting them”.

Mr Burgoyne met with the Aboriginal land councils on Thursday afternoon to advise of the incoming changes.

“We asked for information, he gave us platitudes. He disrespected us and treated us like little children,” CLC chair Warren Williams said.

“He asked us to simply accept that the government’s intentions behind the changes are good. He wouldn’t give us any details about the changes or how they would work. All he had was empty talk. No wonder we are all very alarmed.”

Mr Williams said his request for “adequate time” to consult with traditional owners about the changes was denied.

Mr Burgoyne said improvements to the Sacred Sites Act were long overdue, would “strengthen” protections, and improve unclear, costly and clunky processes.

During these sittings, parliament will also debate and is expected to pass the Police Administration Legislation Amendment Bill.

The reforms will give police more powers to enter private premises to arrest someone breaching parole, and to enter homes to conduct compliance checks for people on Domestic Violence Orders.

Originally published as Third party merit reviews to be axed, sacred site reforms flagged ahead of NT parliament return