Is it just a name change, or has the SPA really increased sustainability in Queensland?
This is a difficult question – it not only involves a consideration of sustainability concepts under the SPA in comparison to those under the Integrated Planning Act 1997 (IPA), but also of the application of processes under the SPA.
This paper considers sustainability concepts under the SPA.
Purpose of the SPA
The purpose of the SPA is the same as the purpose of the IPA, i.e. the achievement of ecological sustainability. Therefore, there is no change in purpose between the IPA and the SPA.
However, drilling down in the SPA, there is some difference in that references to climate change have been included in the SPA. No references to climate change were included in the IPA.
Advancing the purpose of the SPA includes (amongst other things):
- ensuring decision-making processes take account of short and long-term environmental effects of development at local, regional, State and wider levels, including, for example, the effects of development on climate change
- avoiding, if practicable, or otherwise lessening, adverse environmental effects of development, including, for example climate change and urban congestion and adverse effects on human health.
Consideration of short-term and long-term environmental effects and avoiding, if practicable, or otherwise lessening, adverse environmental effects of development were also required under the IPA. The SPA differs only by including examples of the types of environmental effects that need to be considered. Accordingly, there is not a large difference between the IPA and the SPA in this regard.
The other reference to climate under the SPA is in relation to the terms used in the definition of 'ecological sustainability'.
'Ecological sustainability' is defined (under both the SPA and the IPA) as a balance that integrates—
- protection of ecological processes and natural systems at local, regional, State and wider levels
- economic development
- maintenance of the cultural, economic, physical and social wellbeing of people and communities.
However, under the SPA, a new point has been added in relation to explaining the meaning of subparagraph (c) above. Section 11(c)(iv) of the SPA provides that the 'cultural, economic, physical and social wellbeing of people and communities' is maintained if potential adverse impacts on climate change are taken into account for development, and sought to be addressed through sustainable development, including, for example, sustainable settlement patterns and sustainable urban design.
This amendment goes somewhat further than the examples of climate change given in relation to advancing the Act's purpose. The inclusion of a requirement, in advancing the purpose of the SPA, to take into account for development potential adverse impacts on climate change, and to seek to address these through sustainable development, provides further support for the argument that an assessment of the impact of greenhouse gas (GHG) emissions needs to be undertaken for proposed development (in particular, development that involves significant GHG emissions, such as power stations).
Conclusion
Although the SPA includes a few references to climate change that the IPA did not, the SPA has not dramatically changed the development assessment or community infrastructure designation processes from those that existed under the IPA.
The SPA and the Sustainable Planning Regulation 2009 do not 'roll-in' additional legislation so that there is increased jurisdiction for consideration of environmental issues during assessment of development applications.
As the legislative processes remain (in effect) the same, it is difficult to conclude that the SPA has increased sustainability.
In our opinion, any increase in sustainability is coincidental, i.e. due to State and Federal agencies, local governments, and the public becoming increasingly aware of environmental issues, rather than any change between the IPA and the SPA.
The increase in the number and variety of State regulatory provisions and State planning policies under the SPA, a number of which deal with environmental issues (rather than purely planning issues), is an example of increasing environmental regulation that is not due to any change between the IPA and the SPA. Federal initiatives such as the mandatory disclosure of commercial office buildings energy efficiency are likely to also contribute to overall sustainability of development – together with such ratings tools as Green Star and NABERS.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
