Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.
Briefing Paper No. 13/1999 by Stewart Smith
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- In February 1999 the NSW Government released a discussion paper
on plan making under the Environmental Planning and Assessment Act 1979.
The discussion paper is open for public exhibition for a four month period,
with submissions closing on 30 June 1999. The paper canvassed several options
available to the Government and community in relation to reform of the planning
system. One identified option was to adopt a system similar to that currently
operating in New Zealand, known as the Resource Management Act 1991.
This Briefing Paper explains the background and operation of that Act.
- New Zealand's Resource Management Act 1991 (RMA) covers
land, air, water, coastal, geothermal and pollution management. It is the
principal framework for managing natural and physical resources, including land
use of the built environment. It replaced some 59 previous resource and
planning statutes, and its introduction was preceded by the reform of central
and local government. The framework of the RMA is based on a single purpose
which is to promote sustainable management of natural and physical resources
(page 2).
- The RMA sets out a series of duties and restrictions. Everyone
under the Act has a duty to avoid, remedy, or mitigate adverse effects on the
environment, notwithstanding terms and conditions of consent permits. The
duties and restrictions set up a presumption against the use of natural
resources unless the use is permitted under the Act. Whereas the presumption
for use of natural resources is very strict, the reverse applies to land uses
such as buildings and structures. Here, activities are deemed to be permitted
unless constrained by provisions in statutory plans under the Act (pages 2-4).
- The RMA operates principally through statutory plans which sets
out policies and rules. Rules provide for consent requirements. Regional
authorities produce plans for natural resource management, such as use of river
water. Territorial (city and district, ie local) authorities produce plans for
land use control. Both regional and territorial planning systems have to
conform with superior regional policy statements. There is also provision for
overarching national level policy statements and national environmental
standards (pages 4-7).
- Worldwide, many commentators have stated that the Act is
considered a model at least worth exploring for possible adoption in their
respective countries. Several critiques of the Act are presented (pages 7-11).
- However, seven years after the implementation of the RMA, the
New Zealand Minister for the Environment Hon Simon Upton MP noted that the
perception in the community of land use restrictions seemed to be as extensive
as ever. In response to these concerns, the Minister has released discussion
papers on amendments to the Act. These changes, and public submissions, are
briefly summarised (pages 11-14).
- The NSW Government discussion paper Plan Making in NSW
makes reference to an option of NSW adopting a natural resource management
regime similar to that in New Zealand. The key components of such a change are
listed (page 14).
