Chapter 3

There are over 100 individual Tasmanian Acts of Parliament that relate to environmental control in some way. They include controls on everything from fluoridation of our water supplies, to wildlife protection, to management of marine areas.

This mountain of legislation can be very off-putting but, take heart, most environmental issues are dealt with under a handful of important Acts.

The following chapters of this handbook outline the most salient aspects of this bank of environmental legislation.

• (☞ Go to Chapter 4 for a listing of the most relevant laws)

• (☞ Go to Chapter 15 to see how some federal laws also apply to Tasmania)

During the 1990s welcome reforms brought about a level of uniformity, rigour and fairness into Tasmania’s ramshackle environmental laws. Although they have been slowly upgraded, there are still many gaping holes.

To give an indication of their haphazard nature, you can be prohibited by law from painting a heritage building the wrong colour, but there is still no legislative constraint placed on the volume of greenhouse gases that you emit.

You can be profligately wasteful of resources, but be fined heavily for littering.

Unlike some Australian jurisdictions, Tasmania still has:

• No greenhouse emission laws (though laws have been mooted to mandate emission reductions)

• No energy consumption/savings legislation for large industries and organizations

• No packaging deposit legislation

• No specific soil conservation legislation

• Weak vegetation clearance enforcement, particularly bushland fringe / rural residential

• No waste minimisation legislation

• No ‘polluter pays’ legislation (though these are slowly being implemented)

• Minimal marine areas set aside as reserves

• No settlement strategies or plans to manage and regulate growth sustainably

• Backward laws to protect Aboriginal cultural heritage (new legislation is currently being developed)

There are also exemptions (separate regulation) for powerful industry sectors. For example, the logging industry, mineral exploration and aquaculture industries have been specifically exempted from local council planning schemes. In turn, citizens’ rights of appeal and redress have been partially or extensively curtailed in the case of these industry sectors.''

In addition, Tasmania has no effective whistleblower protection legislation, nor an independent commission against corruption nor a sustainability commission.

The state can, however, boast a sophisticated set of planning laws, with considerable scope for public participation – the all important Resource Management and Planning System (RMPS). (☞ Go to Chapters 4, 5 & 6 for a full description)

The RMPS is an integrated suite of legislation. It is the hub of this state's environmental and planning system – we cannot overstate its fundamental importance, especially where land use and development issues are concerned.

A key feature of this system is that it guarantees the opportunity for public participation and review by an independent body.

Another plus - an Environmental Impact Assessment carried out in Tasmania must include a Health Impact Assessment if required by the Director of Public Health. Tasmania is the only state to have such a legislated requirement.

In the past few years environmental regulation in Tasmania has partially regressed. Aside from the confusing array of regulatory agencies, inconsistencies have arisen as government has tried to limit public participation and to exert political control to free itself from perceived constraints of the planning system (RMPS).

In particular, public confidence in the impartiality of the planning system has been eroded by a number of recent government interventions – such as the Meander Dam, the Tamar Valley pulp mill processes and the approval processes for building dams.

Since 1990 we have seen genuine moves to progressively upgrade Tasmania's bank of environmental legislation, and this process is still gradually happening. But more recently there have been some disturbing backward moves.

Public pressure is the key to developing sound environmental legislation. The onus is on concerned citizens, business and community groups to help lobby for and assist in the retention, development and implementation of progressive and fair environmental laws in our state.

Environmental management in Tasmania is managed via a confusing tangle of departments and sub-agencies.

This complexity makes it difficult to manage environmental regulation and to work out who is responsible for dealing with problems.

Having no one agency with overarching statewide responsibility for environmental management is causing some confusion, overlays and duplication. For instance, some agencies (including local councils) are currently accountable for environmental laws that are handled by several departments instead of one. These inefficiencies are a problem for developers and environmental defenders alike.

☞ See below for a more comprehensive outline of the various government agencies and the environmental issues that they deal with.

However, Tasmania’s administrative setup is characterised by important independent agencies that have key roles. These agencies are designed to be independent of any direct political influence.

They are particularly important to the public because they guarantee significant public input into planning & development issues and environmental dispute resolution – as you will find out throughout this handbook.

(☞ See further below for an explanation of their roles.)

Local councils play a major role in environmental management in Tasmania.

They are delegated (via legislation) to carry out a wide range of duties in relation to most environmental issues that you are likely to face, including land use issues, planning & pollution controls, heritage & habitat protection and environmental health problems. They are the first point of call for citizens and businesses when most issues arise or if developmental plans are being drawn up.

☞ Click HERE to see a list of councils, their websites and how to contact them.

Councils can also pass their own by-laws, to regulate certain activities within that specific council area.

☞ Click HERE to see by-laws

(Please note: In Tasmanian legislation, councils are referred to as Planning Authorities. A handful of other bodies, such as the Sullivans Cove Waterfront Authority, are also Planning Authorities and have similar duties and powers.)

• Environment Division, DPIPWE:
  134 Macquarie Street, Hobart GPO Box 44A Hobart 7001 Ph: 6233 6518
  1 Civic Square Launceston 7250 Ph: 6336 2236
  Ph: 1300 135 513 (statewide)
  (The department has a comprehensive library in Hobart that is accessible to the public.)

• Primary Industries & Water Divisions:
  1 Franklin Wharf, Hobart, GPO Box 44, Hobart 7001, Ph: 1300 368 550 (statewide)

• Resource Management and Planning Appeal Tribunal:
  TGIO Building, 144-148 Macquarie Street, Hobart 7000 Ph: 6233 6464 Fax: 6224 0825.

• Tasmanian Planning Commission:
  TGIO building, 144-148 Macquarie Street, Hobart 7000 Ph: 6233 2795

• Justice Department
  110 Collins Street, Hobart Ph: 1300 135 513 (statewide)

• State Planning Adviser:
  Level 5, Franklin Wharf, Hobart. GPO Box 825 Hobart 7001 Ph: 6223 2410

• Tasmanian Ombudsman:
  99 Bathurst Street, Hobart 7000 Ph: 6233 9200
  Fax: 6233 8966.
  Statewide phone 1300766725

• Environmental Defenders Office: (Website)
  131 Macquarie Street, Hobart. Ph: 6223 2770 Fax: 6223 2074
  Email: edotas@edo.org.au

Information about how government agencies are set up and what they do can be obtained at the following websites:

• General Tas Government: www.tas.gov.au
• Service Tasmania www.service.tas.gov.au
• Environment Division:www.environment.tas.gov.au
• Environment Protection Authority: www.epa.tas.gov.au
• DPIPWE: www.dpipwe.tas.gov.au
• Planning Commission(TPC): www.planning.tas.gov.au
• Appeals Tribunal (RMPAT): www.rmpat.tas.gov.au
• State Ombudsman: www.ombudsman.tas.gov.au
• Justice Department: www.justice.tas.gov.au
• Local (municipal) councils: www.lgat.tas.gov.au
• Land Information System www.thelist.tas.gov.au