Question – State of the Environment Report

October 18, 2022

Questions asked by the Hon Meg Webb MLC on 17 October 2022 and answered by the Minister for Planning on 18 October 2022

In relation to the public statement by the Minister for Planning, issued on the 29th of September 2022, announcing the government’s intention to issue a Direction to the Tasmanian Planning Commission (TPC) to produce a State of the Environment Report by June 2024, can the Government:

1. Confirm the Independent Review of the Tasmanian Planning Commission conducted by Professor Roberta Ryan and Alex Lawrie, October 2020 states on page 54 of that report, that despite recognising the need for a Tasmanian State of the Environment Report (SoE): “the TPC is not the appropriate body to prepare it as it does not have the adequate resources, skills, capabilities or expertise to access and analyse relevant data. Determining the appropriate body depends on the purpose of and how the SoE data is intended to be used in decision-making. If the SoE is intended to be used to enhance environmental land management, responsibility would appropriately reside with the Environment Protection Agency; if guiding government decisions around cross portfolio responsibilities, it would appropriately reside within a central agency such as the Department of Premier and Cabinet; if a narrow land use focus, it would appropriately reside with the Planning Policy Unit”?;

Answer 1: 

The Government can confirm that the Independent Review of the Tasmanian Planning Commission conducted by Professor Roberta Ryan and Alex Lawrie, October 2020 states on page 54 of that report, that despite recognising the need for a Tasmanian State of the Environment Report (SoE): “the TPC is not the appropriate body to prepare it as it does not have the adequate resources, skills, capabilities or expertise to access and analyse relevant data. Determining the appropriate body depends on the purpose of and how the SoE data is intended to be used in decision-making. If the SoE is intended to be used to enhance environmental land management, responsibility would appropriately reside with the Environment Protection Agency; if guiding government decisions around cross portfolio responsibilities, it would appropriately reside within a central agency such as the Department of Premier and Cabinet; if a narrow land use focus, it would appropriately reside with the Planning Policy Unit”.

 

2. Also confirm correspondence from the TPC dated 6 May 2021 to the Deputy Secretary of the Department of Justice stated , “the Commission agrees with the Review’s recommendation that it is not the appropriate body to prepare the State of the Environment Report”, and that the Commission had previously initiated Ministerial consideration of this matter before the 2020 Review was conducted?;

Answer 2:

The Government can confirm that the attachment to the correspondence from the TPC dated 6 May 2021 to the Deputy Secretary of the Department of Justice stated, “the Commission agrees with the Review’s recommendation that it is not the appropriate body to prepare the State of the Environment Report”, and that the Commission had previously initiated Ministerial consideration of this matter before the 2020 Review was conducted.

 

3. Detail whether the government has determined the “defined purpose of the SoE data, and its intended use in decision making” as referenced in question (1) above, specifically whether the 2024 SoE is intended to be used to:
      a) enhance environmental land management; or
      b) guide government decisions around cross portfolio responsibilities; or
      c) have a narrow land use focus.

Answer 3:

The Government has not yet made any determination in regard to the defined purpose of the SoE data and its intended use in decision making as referenced in question (1).

 

4. Detail why, and upon what basis, the government has adopted a position contrary to the advice received by the Independent 2020 Review, and also the TPC, by still requiring the TPC to undertake the 2024 SoE?;

Answer 4: 

The Government acknowledges that the independent review of the TPC concluded that give nits other statutory functions and roles and responsibilities, the TPC was note necessarily the appropriate body to prepare updates of the State of Environment Report. It also acknowledges that this was the view of the TPC.

The Deputy Secretaries Steering Committee was tasked with reviewing SoE Reporting requirements and determining the most appropriate body to produce future SoE Reports and this work is ongoing.

In order to ensure that statutory requirements will be met, the TPC have been formally directed to produce the 2024 SoE Report. This does not necessarily mean that they will be responsible for producing future SoE Reports.

 

5. Confirm that the TPC has provided written advice to the government in 2019 advising it could not finance the SoE report, estimating at the time an additional $1.25 million would be required, and stating the TPC’s financial resources were wholly committed to its core functions on assessing and reporting on statutory planning amendments?; and

Answer 5: 

Written advice was not provided to the then Minister for Planning’s Office.

 

6. Detail whether any current estimation of costs has been undertaken into producing an independent 2024 SoE Report, and if so what is that estimation?; and also detail

a. Will the TPC be provided any additional necessary financial and staffing resourcing required to fulfil any Ministerial         Directions to undertake and deliver a SoE report by June 2024, and if so what is the nature of that additional                     resourcing, and if not, why not?; and
b. Whether the Minister’s Direction has been issued, and if so on what date?

Answer 6: 

No current estimation of costs has been undertaken for the TPC’s production of the 2024 SoE Report.

a) The Minister for Planning has indicated to the TPC that a budget request should be prepared as soon as possible. It should be          noted that the TPC’s role in assessing draft Local Provisions Schedules is expected to be completed by June 2023, which will free up existing TPC resources to assist with undertaking preparation of the 2024 SoE REport.

b) The Minister for Planning’s Direction to the TPC under s.7 of the Tasmanian Planning Commission Act 1997 to prepare the 2024 SoE Reports was formally gazetted on 12 October 2022.

See more of Meg’s Questions to Parliament.