Reform NSW’s Planning Laws

Currently, the planning system in NSW is failing to protect animals, our environment, and our communities.

 

Join Animal Liberation in calling on the Hon. Paul Scully, NSW Minister for Planning and Public Spaces, to establish an urgent Inquiry to examine the inadequacies of NSW’s planning laws, and the introduction of long overdue reforms.

The planning regime in NSW should be robust, fair, transparent, and accessible to everyone. Unfortunately, current planning laws and some exemptions, often allow harmful development activities and unlawful operations to proceed without proper scrutiny. These activities pose significant risks and impacts on animals, the environment, and people. 

At present our planning system is selective and discriminatory – it fails to ensure equal representation of individual, unique and sentient beings, and does not adequately incorporate a holistic approach to the range of serious threats to our environment, including important water resources, fauna and flora, and the climate emergency.

Our NSW planning laws fail to accommodate the necessary protection and rights of animals, the environment, and the community’s right to peaceful amenity and a life free from harm. Nor does the NSW planning system adequately include or reflect contemporary public interest considerations of all these important issues.Inadequate and poor compliance and enforcement activities by local government councils’, government departments and responsible agencies are exacerbating the entrenched issues.

Across NSW, we are witnessing the rapid spread of harmful planning activities, including intensive animal agri-business, in once pristine regions of NSW.

Some developments include unlawful activities and infrastructure, established with planning consent, and which continue to operate and expand because of a lack of oversight, compliance and enforcement action by the responsible agencies. Other ‘approved’ developments do not include adequate ‘Conditions of Consent’, and the consent authorities frequently fail to monitor the operations, or take the necessary pro-active compliance and enforcement action where breaches are obvious.

We need 20,000 signatures before we bring this petition to Paul Scully, the Minister for Planning and Public Spaces.

By signing the petition, you are joining Animal Liberation in calling for

 

  • A NSW state-wide Inquiry to examine the NSW planning regime, system and instruments and how the current inadequacies are posing unacceptable risks and impacts to animals, the environment and communities;

  • Amendments to the Environmental Planning & Assessment Act 1979 to include stronger animal welfare, well-being, and environmental considerations, as well as stricter protections for the amenity of immediate neighbours;

  • Amendments to Schedule 3 of the Environmental Planning & Assessment Regulation 2000 to incorporate all animals regardless of sectors, numbers or development type, i.e, intensive dog/cat breeding, greyhound, thoroughbred or harness racing;

  • ​The development and implementation of a State Environmental Planning Policy (SEPP) specifically for animal welfare and well-being, including biodiversity;

  • ​Amendments to Local Government Council Local Environment Plans (LEPs) to recognise animal welfare and well-being, including biodiversity, to recognise NSW and Commonwealth animal welfare and protection laws, which reflect public expectations, as a mandatory consideration in all planning assessments;

  • Introduce appropriate standard ‘Conditions of Consent’ to be incorporated in all planning development approvals at council, regional, and state levels to reflect and protect animals and biodiversity;

  • ​The development and implementation of new mandatory guidelines under the Secretary’s Environmental Assessment Requirements (SEARs), for all proposed planning developments which include or involve animals;

  • ​Increase inspection and enforcement powers for authorised agents under the Prevention of Cruelty to Animals Act 1979 to enable immediate cessation and dismantling of non-approved activities and structure involving animals with all animal agri-business operations;

  • ​Require consent authorities (local, regional and state) to publicly exhibit all Development Applications (DA’s) for 28 days, which involve animals or intensive animal agri-business operations;

  • ​Establish a central, online and accessible state government planning website, which lists all proposed developments which involve animals or intensive animal agri-business operations;

  • In the instance an approved historical DA involving animals and/or biodiversity has not commenced development or operation, it should be linked to a strict timeline to incorporate up to date animal welfare, environmental, biodiversity and climate emergency considerations;

  • All DA’s involving animals and biodiversity must include a comprehensive species impact report in line with wildlife and environmental NSW and Commonwealth legislation;

  • All DA’s involving animals and biodiversity must include a requirement for the Applicant to submit an operational plan and an emergency management plan;

  • Currently all approved DA's including those which involve animals and/or biodiversity are tied to the respective land parcel. In the event a landowner changes following a land sale, the approved planning activity should cease until the Conditions of Consent are re-assessed following public exhibition and input;

  • ​A significant overhaul of the Code of Practice for the Archaeological Investigation of Aboriginal Objects in NSW to ensure priority and comprehensive consideration of all registered or suspected Aboriginal cultural heritage, and an Archaeological Investigation of Aboriginal Objects/Sites is warranted including an Aboriginal cultural heritage assessment and report is undertaken including mandatory liaison with the applicable Local Aboriginal Land Council at the Applicant’s cost.