Overview

The Revocation of Condition Attached to Approval Final Approval for Urban Development in Three Growth Corridors under the Melbourne Urban Growth Program Strategic Assessment, enacted in 2020, addresses a specific gap identified within the framework of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This legislative decision, made by Andrew McNee, Assistant Secretary of the Assessments and Governance Branch, aims to streamline the approval process for urban developments in designated growth corridors while ensuring that environmental considerations remain integral to the planning and implementation phases. The revocation of a particular condition concerning habitat compensation requirements seeks to balance urban growth with biodiversity conservation, reflecting the policy objective of fostering sustainable urban development in Melbourne's strategic growth areas.

Scope and Application

The revocation of a condition attached to the approval under the Environment Protection and Biodiversity Conservation Act 1999 applies to actions associated with urban development within the specified growth corridors in Melbourne's expanded Urban Growth Boundary. This decision directly affects entities and individuals involved in urban development projects within the western growth corridor (Melton and Wyndham), North-western growth corridor (Sunbury), and Northern growth corridor (Hume, Whittlesea, and Mitchell). Notably, the revocation excludes development within Hearnes Swamp in the Northern growth corridor and specific properties listed in the Diggers Rest Precinct Structure Plan. The decision, which came into effect on 1 July 2020, was authorised by Andrew McNee, Assistant Secretary of the Assessments and Governance Branch, and was signed on 25 June 2020. The revocation pertains to condition 5 of the approval, which related to habitat compensation requirements for actions potentially affecting listed ecological communities and species. The Act's jurisdictional reach is Commonwealth-wide, and its application may be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The legislation in question focuses on the revocation of specific conditions attached to an approval under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s143(2) as applied by s146D(3)). This decision pertains to urban development within three growth corridors in Melbourne: the western growth corridor (Melton and Wyndham), the north-western growth corridor (Sunbury), and the northern growth corridor (Hume, Whittlesea, and Mitchell) as outlined in the Biodiversity Conservation Strategy for Melbourne's Growth Corridors (Victorian Government Department of Environment and Primary Industries, June 2013). The approved class of actions excludes specific areas, including the Northern growth corridor within the Hearnes Swamp boundary and particular properties identified in the Victorian Government Diggers Rest Precinct Structure Plan (Growth Areas Authority, 2012). The primary focus of this decision is the revocation of condition 5, which relates to habitat compensation requirements for actions potentially affecting listed ecological communities and species (s146D(3)). This condition was attached to the approval for urban development in these growth corridors. Entities or parties involved in urban development within the specified growth corridors are now relieved from the obligation to provide habitat compensation for actions that might affect listed ecological communities and species. This change in regulation means that developers and project proponents no longer need to undertake specific habitat compensation measures as previously required by condition 5. Instead, they can proceed with their urban development projects without these particular environmental obligations, provided they comply with other applicable laws and conditions. There are no explicit offences, penalties, or consequences detailed in the revocation decision itself. However, it is crucial for developers and project proponents to remain compliant with other relevant environmental and planning laws. Failure to adhere to other conditions or requirements under the EPBC Act or other applicable legislation may result in enforcement actions, including fines, legal penalties, or other sanctions. The specific penalties for breaches of other conditions are determined by the relevant laws and may vary depending on the nature and severity of the breach.