Delayed decision on Macquarie Point stadium reopens door for planning commission process

Australia Broadcast Center

2 days ago

A revival of the planning process under which the Macquarie Point stadium was previously being assessed could be on the cards, as the state's planning commission prepares to hand down its final report on the contentious project.
Hobart's proposed AFL stadium was initially being assessed by the Tasmanian Planning Commission under the Project of State Significance (PoSS) process, which would have required both houses of Tasmania's parliament to give it the green light.
But the Liberal government, wary of delays, drafted special enabling legislation earlier this year in a bid to circumvent that process and hasten the stadium's approval.
Now, in a turn of events, the fast-track legislation could take a back seat to the original, slower PoSS process.
The timing of last week's snap state election meant a vote this month on the stadium by the upper and lower houses will not happen.
Independent MLC Bec Thomas said the delayed vote was a blessing in disguise.
"I think and I hope the PoSS process will be able to be finalised before the government even has the opportunity to be tabling enabling legislation," Ms Thomas said.
"Regardless of whichever path, whoever forms government, my hope is we will have the information gathered through the PoSS process [available to us].
The planning commission is due to hand down its final report on September 17, potentially in the same week the new parliament would sit for the first time, and likely before a new government has the chance to re-table any special enabling legislation.
That report will contain a potential recommendation or non-recommendation that the project proceed, and its contents will highly likely influence all parliamentarians voting on the project.
The timing of the report and the resumption of parliament may see the Liberals, who could be returned to govern in minority, forced to re-embrace the planning process they had attempted to reject only weeks ago.
During the election campaign, about 30 stakeholders were allowed to present evidence to the planning commission panel assessing the stadium.
The fortnight-long commission hearings allowed the Macquarie Point Development Corporation (MPDC) and other stadium stakeholders, and a group opposing the stadium, to state their case directly to the planning commission panel.
Those hearings also allowed several outstanding issues with the project to be remedied, with some stakeholders believing the two-week process strengthened the case for the build.
On Friday, the Macquarie Point team submitted 38 pages of "proposed conditions" that the project would be subject to if granted planning approval.
Those conditions were devised in response to issues raised by the planning commission in a blistering draft report issued in March, and to evidence presented at the recent hearings.
They are similar to the ones attached to the government's special legislation, but are considered more stringent.
Importantly, it also lists the Hobart City Council, Environmental Protection Agency, TasWater, and the director of Tasmania Parks and Wildlife Service as "relevant regulators" rather than a government minister, which was a key criticism of the special legislation.
Labor has said it will continue to back the stadium and the special legislation, rather than entertain a pivot back to the PoSS process.
There is a chance the party could still govern — with the support of the Greens and independent MPs — despite winning just 10 of 35 seats at Saturday's election.
"We're not planning on making any changes to the current process" a spokesperson told the ABC.
In any event, it is unlikely that the special legislation would be scrapped entirely.
A possible scenario is that new legislation may be tabled that combines elements of the special legislation, findings from the planning commission, and proposed conditions crafted as part of the PoSS process by the MPDC.
The legislation would pass the lower house with the support of the Liberal and Labor parties, and independent MP David O'Byrne.
Upper house independents will then decide the stadium's fate, now armed with the full findings of the Tasmanian Planning Commission.
"For the enabling legislation, I don't see the case for that stacking up anymore," Huon MLC Dean Harris told ABC's Mornings.
"To be able to have informed decisions, that [PoSS] report would be good to have."