Key Takeaways:
- The Western Australian government is introducing new legislation to give the state development minister and coordinator general wide-reaching powers to change the rules on approvals for hand-picked projects.
- The legislation aims to speed up the approval process for "priority projects" considered to be of "strategic or economic significance".
- Critics argue that the new powers give the minister and coordinator general too much power and risk slowing down projects, rather than speeding them up.
- The legislation has been met with concern from the opposition, environmentalists, and lawyers, who warn of potential consequences and lack of objective criteria to choose priority projects.
- The bill is likely to pass with the support of the opposition, but the Greens have described the deal as "dirty" and are opposing the legislation.
Introduction to the Legislation
The Western Australian government is pushing for new legislation that would give the state development minister and coordinator general significant powers to change the rules on approvals for hand-picked projects. Premier Roger Cook has expressed his fear of missing out on "big, shiny, job-creating projects" and wants to ensure that the state can compete with other regions to attract major investments. The proposed legislation would allow the minister and coordinator general to modify existing approvals pathways for priority projects, including the ability to change how laws apply to a project, adjust deadlines, escalate disagreements, and force decision-makers to consider specific factors.
The Proposed Changes
The legislation would give the state development minister and coordinator general the power to establish state development areas, which would make it easier for the government to provide infrastructure such as power and water ahead of time to attract new industry. The minister or coordinator general would be able to change existing approvals pathways for priority projects or state development areas in four ways: modification orders, timeframe notices, joint decision notices, and due regard notices. For example, the minister could use a modification order to exempt a project from certain environmental regulations, or use a timeframe notice to set a deadline for a decision on a project. However, critics argue that these powers are too broad and could be used to prioritize projects that are harmful to the environment or communities.
Reaction to the Legislation
The proposed legislation has been met with support from business and the resources industry, who argue that it would allow the state to capitalize on global trends and speed up assessments without compromising on their rigor. However, critics, including environmentalists and lawyers, have expressed concern that the new powers would give the minister and coordinator general too much power and risk slowing down projects, rather than speeding them up. They also argue that the legislation could be used to prioritize projects that are harmful to the environment or communities, and that the lack of objective criteria to choose priority projects could create a "new bottleneck" of companies seeking "special treatment with no consistent way to assess merit or priority".
Concerns and Criticisms
Critics have raised several concerns about the proposed legislation, including the potential for the minister and coordinator general to abuse their powers, the lack of transparency and accountability, and the risk of prioritizing projects that are harmful to the environment or communities. For example, the Law Society of WA has warned that the lack of objective criteria to choose priority projects could create a "new bottleneck" of companies seeking "special treatment with no consistent way to assess merit or priority". The Greens have also criticized the legislation, arguing that it would allow the government to "cut corners" on important, independent processes that are in place to protect communities and the environment.
Previous Attempts to Streamline Approvals
The Western Australian government has previously attempted to streamline the approvals process, but these efforts have been met with criticism and concern. In 2023, the government stripped the Environmental Protection Authority of the power to factor in carbon emissions when considering projects, which was widely criticized by environmentalists and opposition parties. The Liberals’ energy spokesperson, Steve Thomas, has argued that these previous attempts have not been successful and that the new legislation is simply another attempt to "streamline" the process without addressing the underlying issues.
The Need for the Legislation
Premier Roger Cook has argued that the legislation is necessary to ensure that Western Australia can compete with other regions to attract major investments and create jobs. He has cited the example of mining magnate Andrew Forrest’s decision to build a hydrogen electrolyser manufacturing facility in Queensland rather than Western Australia, which he claims was due to the lack of infrastructure and streamlined approvals processes in the state. However, critics argue that the legislation is not the solution to this problem and that the government should instead focus on addressing the underlying issues and providing more support for businesses and communities.
The Likely Outcome
The legislation is likely to pass with the support of the opposition, despite concerns and criticisms from environmentalists, lawyers, and the Greens. The opposition has proposed several amendments to the legislation, including requiring the government to tell parliament when it uses certain powers, which the government has agreed to. The Greens have described the deal as "dirty" and are opposing the legislation, but it is unlikely to stop the bill from passing. The legislation will likely have significant implications for the state’s development and environment, and it remains to be seen how it will be implemented and what the consequences will be.