Media Release – PoSS Amendments Must Meet all Requirements

June 19, 2023

Independent Member for Nelson Meg Webb MLC today identified the necessary amendments to the Project of State Significance process under the State Projects and Policies Act 1993, required to provide Parliament a second vote on any resulting outcome of that process, including the proposed AFL stadium at Macquarie Point.

“I have received advice indicating that the required legislative amendments to the PoSS process to guarantee the Parliament a second vote, and provide the democratic right to judicial review, are straightforward,” Ms Webb said.

“My request for official parliamentary drafting assistance to develop a Private Members Bill to give effect to this advice was denied on the basis the Government was considering their own amendments making another Bill ‘unnecessary’.

“With the House of Assembly resuming this week, it is expected Premier Jeremy Rockliff will release his proposed amendments While I hope the Government’s Bill will reflect the advice I’ve received, this is not guaranteed.”

Ms Webb said she believes it is in the public interest to be upfront about the legislative changes she would have included in her Private Members Bill, and which she will be looking for in whatever the Government proposes.

Required Amendments to the State Projects and Policies Act 1993  (the Act)

  • Proposed Amendment No. 1: this will ensure the Parliament will have a second vote on a PoSS assessed proposal, by requiring the Governor’s order to be tabled in the Parliament whether the Minister’s recommendations are consistent with the Commission’s Report and Conditions, or not.
  • Amend current section 26(9) of the Act to read (by inserting the highlighted words)
  • An order under subsection (6) or subsection (8) is of no effect until it has been approved by resolution of each House of Parliament.
  • Proposed Amendment No. 2: this will allow judicial review of the process undertaken, a standard planning and democratic right currently denied under the Act.
  • Repeal section 28 of the Act.

ATTACHED: Flowchart detailing proposed changes to the current Project of State Significance Process 

 

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