Animals and the NSW Planning Regime

When we think about animals bred and used for agri-buiness, entertainment, or as companions, a common belief is that they are treated with a high level of respect and that their welfare is considered. These beliefs are unfortunately, not true. In these industries, profits are almost always regarded as a priority over welfare. The current system, laws, and regulations are framed in a way that values animals according to their ‘use’ and economic benefits. This view creates the idea that animals are here for us, rather than with us, as sentient equals.

The following provides a brief overview of the NSW planning regime and how it translates to animal outcomes. The purpose of this blog is to explain why Animal Liberation is calling for an urgent inquiry to examine the inadequacies of NSW’s planning laws, and the introduction of long overdue reforms. 

Under NSW planning laws, animals are treated according to their ‘use’.

Under NSW planning laws, animals are categorised and treated according to their ‘use’ rather than their sentience. The focus is predominately on the classification of species, economics, business, and agricultural growth, with some consideration of the environmental risks and impacts. For example, the agricultural industry, and in particular industrialised factory farming ventures, focuses on maximising profits, while minimising costs. This comes at the expense of the animals, by reducing the amount of space they are given, having no requirement to provide any enrichment, no obligation to use pain-relief during mutilation procedures, and often feeding them processed ‘cheap’ food. Additionally, many species undergo a series of surgical procedures, such as de-beaking for chickens and turkeys and teeth clipping and tail cutting for pigs. Many of these husbandry procedures are exempted under NSW animal cruelty laws. These procedures minimise the risks of cannibalism and injuries to animals in cruel and confined conditions, rather than providing them with enrichment and more space to minimise conflict, boredom, and frustration.

Layer hens are treated as egg-laying machines and kept in cages where they cannot express any natural behaviours.

What are the current laws involving animals under NSW’s planning regime?

The NSW planning regime is an extremely complicated and in-depth piece of legislation. It starts with the Environmental Planning & Assessment Act 1979 (EP&A Act) and the corresponding Environmental Planning & Assessment Regulation 2021 (the Regulation). These types of overarching laws are not unique to NSW, and, the planning paths across Australia vary according to the different planning and animal cruelty legislation regimes, and the animal species in each Australian state or territory.

The size, scale, nature, and financial value of a proposed development determines the ‘Consent Authority’. 

In NSW, a Development Application (DA) can be assessed by different levels of government, depending on the scale, size, nature and financial value of a proposed planning development and this determines the ‘Consent Authority’. The scale, size, nature, and cost of the DA will also determine the particular planning pathway that must be followed. In all instances if the parcel of land is situated in an NSW Council Local Government Area (LGA), the applicable NSW council will have some level of planning input. In some instances, more than one consent authority is involved, including:

  • NSW Local Government Councils

  • NSW Regional Planning Panels (some council DA’s and regionally significant planning)

  • NSW State Government (state significant planning)

  • Commonwealth Government (in instances where legislation such as the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies.

Types of Planning Development

Though there are nine types of planning developments, only three are relevant to developments involving animals. These are: local planning, regionally significant, and state significant. 

Local planning developments

Local planning involves projects running from home extensions to medium sized commercial, retail, and industrial developments. Threatened species are often considered, to ensure they are not at risk. Under local planning comes designated and integrated planning developments - this is where farming animals and slaughterhouses fall.

Designated planning developments are high-impact developments that require a higher level of assessment and scrutiny, due to the potential risks and impacts they pose to the environment. This may be due to the pollution they are expected to create or their location is in proximity to a sensitive area.

Integrated planning developments require additional consent from other public authorities, in addition to a permit under the EP&A Act. Intensive farming operations and slaughterhouses commonly fall under integrated planning developments.

For certain development proposals, such as those that require permits or licences, approval from a government agency is needed before the local council can make a decision or grant consent. This requirement is outlined in Section 4.46 of the EP&A Act Approval must be obtained from the Government agency (e.g., the Environmental Protection Agency), who then issues General Terms of Approval (GTAs). Examples of Integrated development that require a permit or licence approval include: an aquaculture permit, mining lease, pollution licence, or Aboriginal heritage impact permit.

Many large-scale planning proposals can be both designated and integrated planning. If a government agency recommends refusal and does not issue a GTA, the consent authority cannot approve the DA. In the case a DA requires multiple licences, and only one licence (GTA) is refused, the consent authority is still prevented from approving the DA.

When a proposed DA includes industry-specific or project-specific consideration, the Applicant is required to seek application for a standard or tailored Secretary’s Environmental Assessment Requirements (SEARs). The SEARS outlines the specific planning criteria the Applicant needs to address and respond to.

Regionally significant and state significant developments

Regionally significant developments are larger in scale or complexity, and  environmental risks and impacts are  given more consideration.

State significant developments (SSDs), including those which involve animals, may be declared SSDs under the EP&A Act. This declaration may be made by a State Environmental Planning Policy (SEPP) or by the Minister for Planning (the Minister). It is generally based on the scale, nature, location and strategic importance of the development to the State. All SSD projects are determined on their merits, having regard to their economic, environmental and social impacts and the principles of ecologically sustainable development. Ecologically sustainable development, which is a term unique to Australia, includes five principles: ensuring fairness for future generations (intergenerational equity), considering the integration of economic, social, and environmental aspects, and applying the precautionary principle. Examples of SSDs include large-scale intensive animal agriculture, such as factory farms and agri-business ventures which require a more comprehensive planning assessment and consideration of the risks and impacts to animals and the environment. All SSD projects require development consent from either the Independent Planning Commission or the Minister before they may proceed. 

A cattle feedlot in NSW.

Current planning legislation and regulations diminish animal welfare considerations due to high threshold numbers for DAs.

The Environmental Planning and Assessment Regulation 2021 (‘EPAR’) guides Applicants and decision makers on the relevant planning path for a development application. It is this piece of legislation that has a profound, and often negative, impact on the animals. 

In summary, the number of animals determines thoroughness and depth of assessment an application is given. While this sounds positive, it currently fails the animals. As it stands, DA’s with more than the following number of animals are treated with a higher level of scrutiny:

  • Dairies with 800+ cows

  • Feedlots with 1,000+ cattle

  • Horse facilities with 400+ horses

  • Pig farms with more 200 pigs or 20 breeding sows

  • Poultry farms with 250,000+ birds

  • Farmed animal processing facility with more than 750 tonnes per year of live weight

  • Saleyards for cattle and other animals with 50,000+ head of cattle, or 200,000+ animals of any type, including cattle

For example, this means that a DA for a cattle feedlot with 999 animals is not considered or assessed the same as a DA for a cattle feedlot with 1,000 animals, despite the impacts to the individual, unique and sentient animals and the environment being the same. 

A sow in a farrowing crate.

Many animal species are not listed under current legislations and regulations.

Additionally, there are a large number of species who are not included in this Regulation. These include sheep, deer, camels, rabbits, emus, goats, cats and dogs, just to name a few. This means that under the NSW planning regime, there is no requirement for planning staff to even consider the welfare, wellbeing or protection of these animals. This means that DA’s for a puppy or kitten farm, emu farm, camel dairy, deer farm, goat dairy or meat farm, and rabbit meat/fur farm, are not assessed under the EPAR. Additionally, it means that planning staff have no guidance on how DA’s for these facilities should be assessed, or what is required from the Applicant.

In regards to dog breeding, some council Development Control Plans don’t include dog breeding as a planning activity, and many only allow a two-week public exhibition period for public submissions. Other councils provide no public notification at all,  leaving the assessment and decision making entirely up to council staff, with no public input.

It’s time to change the planning laws.

We need your help in changing the current NSW planning regime. Animal Liberation’s vision includes a radical overhaul of the NSW Planning laws and system to ensure the welfare, wellbeing, and protection of animals is considered at every juncture, and in every layer of government planning and decision making. 

By reforming these laws, we can ensure that animal welfare and wellbeing is thoroughly considered. This will help to stop cruel developments in their tracks - or at least allow for strict and enforceable ‘Conditions of Consent’. In all Animal Liberation’s submissions, we refer to the Precautionary Principle: Giving the Environment the Benefit of the Doubt. We hope in future, a similar planning principle will apply to animals along with the legal recognition of animal sentience and personhood. 

Like you, we continue to advocate for a world where animals are safe from human harm. By amending these laws we will continue to progress meaningful reforms to ensure kinder outcomes for animals. With your support, we will continue to push the barriers and break down walls. Please sign the petition today.

This article is part one of a series of blogs explaining the NSW planning regime. Part two will focus on local decision making at council level, either by council staff or elected councillors, where the planning regime may not necessarily apply Part two will show that it is council managed strategies, plans and policies which determine outcomes for animals, as well as events held on council managed land including Crown land.