This Act will provide a separate piece of legislation to govern the composition, jurisdiction and powers of the Planning and Environment Court.
The Planning and Environment Court may hear matters relating to environmental, fisheries and heritage protection. The Act retains the existing flexibility for the Planning and Environmental Court to remit a matter within the jurisdiction of the Developmental Tribunal to a Tribunal. It also continues the opportunity for parties to a proceeding to participate in Alternative Dispute Resolution (ADR) processes allowing more efficient and beneficial outcomes to the community, including potential traditional owners.
Section 65(c) requires the Minister to make rules for the development assessment process, including the effect on the development process of the assessment manager taking action under the Native Title Act 1993 (Cth), part 2, division 3.
This Act may also raise issues regarding the future act process of the NTA. Section 24AA of the NTA makes it clear that any act affecting native title must go through the future act process which may carry obligations of negotiation and consultation. Statutory planning schemes such as this bill should meet the definition of an act affecting native title under s 227 NTA and therefore a ‘future act’ under s 233 NTA as they are considered to be legislative instruments. This however may be subject to various exceptions such as where a planning proposal has been allocated to an ILUA process. Indeed, s 24AA(3) NTA provides that a future act will be valid if the parties to an ILUA consent to it being done.
For further information please see the First Reading and the Explanatory Memorandum.