September 17th, 2024
The Environmental Defence Society (EDS) has publicly shared its draft submission on the contentious Fast Track Approvals Bill, highlighting grave concerns about its potential impact on New Zealand's environmental and constitutional framework. The draft submission, released on 15 March 2024, draws attention to the bill introduced to Parliament on 7 March, which EDS describes as the most alarming piece of legislation since the National Development Act of 1979.
The big picture: Alarming implications for environmental law
According to EDS's media release, the bill would allow ministers unprecedented powers to bypass significant environmental protections provided by the Resource Management Act 1991 and Conservation Act 1987. EDS's Reform Director, Dr Greg Severinsen, emphasised in the draft submission the deep environmental and constitutional concerns the bill raises, granting development ministers the final say on a wide array of environmental approvals.
Zoom in: Broadening ministerial powers
EDS points out that the bill drastically shifts the balance towards development at the expense of sustainable management principles. It notes that under the bill, projects that are currently prohibited due to their environmental impact could be fast-tracked if deemed of regional or national benefit—a criterion open to broad interpretation by ministers.
Details: Public and environmental advocacy sidelined
The draft submission from EDS also highlights how the bill proposes to remove public participation and environmental advocacy from the decision-making process on significant developments. Dr Severinsen expressed concern over the exclusion of the public and the limitation of the courts' role, stating that decision-making would be concentrated in the hands of ministers for Transport, Regional Development, and Infrastructure, with the Minister for the Environment notably absent.
What they're saying: Urgent call for public engagement
In the draft submission, Dr Severinsen calls on New Zealanders to engage with the legislative process, emphasising the "monumental implications" of the bill. EDS is leveraging its platform to inform and mobilize public opposition, viewing the Select Committee's review process as a critical avenue for voicing concerns.
What's next: Facilitating public input
EDS is taking proactive steps to encourage public participation by hosting a free public webinar on the bill and its implications on 21 March 2024. The organisation aims to provide attendees with the information and tools needed to make informed submissions to the Environment Select Committee, with a template submission to be provided following the webinar.
The bottom line: A pivotal moment for environmental stewardship
EDS's draft submission on the Fast Track Approvals Bill represents a crucial intervention in the debate over New Zealand's environmental governance. With the organisation raising the alarm on the bill's potential consequences, the coming weeks will be a critical period for public and legislative scrutiny of this controversial proposal.