Victorian renewables fast-track ‘will entrench Planning Minister’s conflict of interest’

One of Victoria’s foremost planning experts says the state government’s new renewables fast track will entrench a conflict of interest for the Planning Minister.

The Victorian government’s new planning laws aim to fast-track as many renewable energy projects as possible.

Victoria’s Planning Minister now has total discretion over whether or not third parties are notified of renewable energy projects that may impact them, in what one of the state’s foremost planning experts has termed a “radical” and “most unsatisfactory” change to the state’s planning scheme.

The Allan government this month gazetted its new regime to fast-track planning approvals for solar, wind farm, battery storage and transmission line proposals, bringing into effect rules that leave it up to the minister to notify potential objectors.

RMIT Environment and Planning Emeritus Professor Michael Buxton said the new scheme – which extends to the renewables sector fast-tracking rules applied to Victoria’s “big housing build” last year – entrenches Planning Minister Sonya Kilkenny in a clear conflict of interest between prioritising her government’s renewable energy agenda and reasonably considering the other social, economic and environmental impacts of proposed projects.

An explanatory report published when the new rules were gazetted on April 4 clearly sets out that the government’s aim in amending the planning laws is to fast-track as many renewable energy projects as possible.

“This must be done in order for Victoria to meet its legislated emission reduction targets, meet its renewable energy targets and meet net zero by 2045, ensuring Victoria is contributing to global efforts to limit warming to 1.5C by the end of the century to avoid the worst impacts of climate change,” the document states.

“Additionally, as there is an urgent need to maintain Victoria’s electricity supply, the state will need to begin rapid renewable energy facility construction which will include new and upgraded utility installations.”

RMIT Environment and Planning emeritus professor Michael Buxton. Picture: Mark Wilson

The government claims in the document the change will “help to unlock the current $90bn worth of investment value in renewable projects that are in the pipeline” and “create approximately 15,000 jobs for Victoria.”

The amendment, known as VC261, also explicitly states the effect of exempting it from certain sections of the Planning & Environment Act “is that third parties will not be notified of the proposed amendment or be provided with an opportunity to make submissions on the amendment or be heard by a panel”, and the right of objectors to appeal to the Victorian Civil and Administrative Tribunal will be removed “enabling more timely decisions”.

“It is a radical change,” Professor Buxton said. “The minister may decide to notify people, but doesn’t have to. That’s most unsatisfactory because it leaves it open to the whim of the minister to decide whether or not to involve potential objectors.”

Professor Buxton said the document made it clear communities, farmers and environmentalists objecting to renewable energy projects faced a “stacked deck”.

“The real problem is that the Planning Minister controls both the assessment and the approvals process, and developers apply directly to the minister,” he said.

“When you couple this with the lack of any requirement for the minister to consult or consider submissions, then I think we have to conclude that these projects are a done deal for approvals unless there’s some overriding problem. This is a conflict of interest.

“If your only strategy is to remove all the planning and legal constraints to reach the target, then that’s going to mean random, disorderly development in inappropriate places, some of the worst places.”

Victorian Farmers Federation president Emma Germano.

Victorian Farmers Federation president Emma Germano said the gazetted notice made it clear the rules were “even worse” than farmers had feared.

“It seems the government have forgotten that they are there to represent the people of Victoria,” Ms Germano said.

A Victorian government spokesman said: “Victoria’s old coal fired generators are closing and the cost of fossil fuels are rising globally, that’s why we’re streamlining planning approvals for renewable energy projects - to keep the lights on and bills down.

“Victorians will still be able to have their say on each and every project and their submissions will form part of the decision-making process,” the spokesman said.

Opposition Energy spokesman David Davis said the government had “torn away basic democratic rights from local communities and those impacted by transmission or distribution lines, renewable energy facilities or storage facilities by using draconian powers to remove appeal rights to any decision to grant a planning permit.”

“The minister has given herself these powers without broad consultation,” Mr Davis said.

“Even within the fast-track approach, the minister has removed a requirement for evidence of the likely financial feasibility of the proposal.

“Armed with this massive new weapon, (Premier) Jacinta Allan and energy minister Lily D’Ambrosio will be able to force developments around the state whether or not they are appropriate and whether or not they have community support.

“The only appeal will be to the Supreme Court, a course of action beyond the reach of most impacted communities.

“Rest in peace Victorian democracy.”