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EDO Western Harbour Tunnel and Beaches Link Program Western Harbour Tunnel and Beaches Link Program What you need to know and how to have your say About the EDO • National Community Legal Centre • Specialists in planning and environmental law • Non-government and non-profit • Legal information , advice and representation • Community education • Policy and law reform expertise www.edo.org.au Information, not advice • The information in this workshop is a guide only and not a substitute for legal advice. • If you need legal advice, call our Environmental Law Advice Line on 1800 626 239 • Visit https://www.edo.org.au/get-advice/ By law we can only assist one client on any issue – We prefer to work with community groups Overview 1. The proposal 2. State Significant Infrastructure 3. Assessment pathway 4. Environmental Impact Statement 5. Community Participation: Submission writing 6. What to expect next 7. Legal avenues 1. The Proposal Western Harbour Tunnel and Warringah Freeway Upgrade Quick Overview: Who is the proponent? • Roads and Maritime Service What is being proposed? • New crossing of Sydney Harbour • Twin tolled motorway tunnels – approx. 7km long • Connecting WestConnex at Rozelle and the Warringah Freeway at North Sydney • Upgrade and integration works along the Warringah Freeway, including connections to the Beaches Link and Gore Hill Freeway Western Harbour Tunnel and Warringah Freeway Upgrade Where is the process up to? • EIS is being prepared 2017-2019 • EIS submitted and placed on public exhibition 2020 • Public submissions 2020 • Response to submissions • Possible preferred infrastructure report ? • Assessment and determination Scoping Report • Broad description of the project • Brief justification for the project • Selection process for project - do nothing - rejected - more lanes on Sydney Harbour Bridge or Tunnel – rejected - increase public transport – rejected • Reasons for selecting blue corridor • Brief description of community consultation process • Key issues briefly identified Design Development Corridor SEARs Key issues identified by the Department: 1. Transport and Traffic 9. Water - Hydrology 2. Air Quality 10. Water - Quality 3. Health and Safety 11. Flooding 4. Noise and Vibration – Amenity 12. Soils 5. Noise and Vibration – Structural 13. Heritage 6. Biodiversity 14. Sustainability 7. Place making and Urban design 15. Waste 8. Socio-economic, land-use and property 16. Climate Change risk 17. Hazards Beaches Link Quick Overview: Who is the proponent? • Roads and Maritime Service What is being proposed? • 7.5km tolled twin tunnel motorway • Connecting the Warringah Freeway at Cammeray and the Gore Hill Freeway at Artarmon to the Burnt Bridge Creek Deviation at Balgowlah and the Wakehurst Parkway at Seaforth • Upgrade works along Wakehurst Parkway and the road network around the Burnt Bridge Creek Deviation • Connection and integration works along the existing Gore Hill Freeway at Artarmon Western Harbour Tunnel and Warringah Freeway Upgrade Where is the process up to? • EIS is being prepared 2017-2019 • EIS submitted and placed on public exhibition 2020 • Public submissions 2020 • Response to submissions • Possible preferred infrastructure report ? • Assessment and determination Scoping Report • Broad description of the project • Brief justification for the project • Selection process for project - do nothing - rejected - improve existing network - rejected - increase public transport – rejected • Reasons for selecting blue corridor • Brief description of community consultation process • Key issues briefly identified Design Development Corridor SEARs Key issues identified by the Department: 1. Transport and Traffic 9. Water - Hydrology 2. Air Quality 10. Water - Quality 3. Health and Safety 11. Flooding 4. Noise and Vibration – Amenity 12. Soils 5. Noise and Vibration – Structural 13. Heritage 6. Biodiversity 14. Sustainability 7. Place making and Urban design 15. Waste 8. Socio-economic, land-use and property 16. Climate Change risk 17. Hazards 2. State Significant Infrastructure What is it? • SEPP (State and Regional Development) 2011 • Schedule 3 – Types of development (thresholds) • General public authority activities, Port facilities and wharf or boating facilities, Rail infrastructure, Water storage and water treatment facilities, Pipelines, Submarine telecommunications cables • Schedule 4 – Specified development on specified land • Northern Beaches Hospital Precinct • Merimbula sewage treatment plant upgrade and ocean outfall What does it mean for this project? • The assessment pathway for SSI is more streamlined than other developments • Some approvals are not required • EPIs don’t apply • Planning Secretary has broad discretion Relevance of other legislation Approvals not required: • A permit to dredge, harm marine vegetation or block the passage of fish • an Aboriginal heritage impact permit; • a permit to clear native vegetation; • a bush fire safety authority; or • a water use approval. Approvals that must be consistent with the SSI approval: • Environment Protection Licence (EPA); or • Consent under s 138 of the Roads Act Relevance of EPIs • Local environmental plans (LEPs) and State Environmental Planning Policies (SEPPs) do not apply to SSI except in very limited circumstances. For example, where they apply to the declaration of infrastructure as SSI or as CSSI. • How the land is zoned is irrelevant to whether the SSI is permissible. Landholder consent • Not required where: • The application is made by a public authority; or • It is critical SSI; or • The SSI relates to linear transport infrastructure or utility infrastructure. 3. Assessment pathway Process for assessing SSI Application and EIS Notification, exhibition and public comment Concurrence Evaluation Determination 4. Environmental Impact Statement Environmental Impact Statement What is an EIS? • An EIS is a comprehensive set of documents setting out all the relevant information on the project • It must address all of the key issues set out in the SEARs What role does an EIS play in the decision-making process? • The EIS is the main document the decision-maker will take into consideration when assessing the project Have all the decisions already been made by the time the EIS is lodged? • The decision/s around the type of project and the preferred route have been made by the time the EIS is lodged. What is required to be included? • Must address the Secretary’s Environmental Assessment Requirements • In addition: • a summary of the environmental impact statement, • a statement of the objectives of the development, • an analysis of any feasible alternatives to the carrying out of the development, including the consequences of not carrying out the development, • an analysis of the development, including: • a full description of the development, and • a general description of the environment likely to be affected by the development, together with a detailed description of those aspects of the environment that are likely to be significantly affected, and • the likely impact on the environment of the development, and • a full description of the measures proposed to mitigate any adverse effects of the development on the environment, and • a list of any approvals that must be obtained under any other Act or law before the development may lawfully be carried out, • the reasons justifying the carrying out of the development in the manner proposed, having regard to biophysical, economic and social considerations, including the principles of ESD 5. Community Participation: Submission writing Public exhibition period • The EIS will be placed on public exhibition for a minimum of 28 days (legislative requirement). • During that time, any person can make a written submission on the project. • The Planning Secretary must then provide copies of submissions received by the Planning Secretary or a report of the issues raised in those submissions to: • the proponent, • the EPA, and • any other public authority the Planning Secretary considers appropriate. Submission writing What documents should you comment on in your submission? • Everything that makes up the DA – (SSI 8862 and SSI 8863), including the Environmental Impact Statement and all appendices • All the relevant documents are available on the NSW Planning and Environment Major Projects website: • https://www.planningportal.nsw.gov.au/major- projects/project/10451 • https://www.planningportal.nsw.gov.au/major- projects/project/10456 Submission writing How do I set out my submission? • Introduce yourself or your group. What is your background and experience? • Explain why are you interested in, and how you will be affected by, the development • Give recommendations – tell the decision-maker what you want them to do Submission writing How do I set out my submission? • Personalise the submission – it’s OK to sign a pro forma submission, but ensure you personalise it • Talk about how the proposal will affect: • you • your family • the environment • the local economy • existing industry Submission writing Read proposal and supporting documents Identify key issues/concerns Clearly set out your concerns and support with facts/evidence Tell the decision maker what you want them to do Submit before deadline Submission writing How to engage the reader: • Think about your strategy. What will motivate people? • Keep submissions on-topic • Give insights into analysis or experiences from elsewhere that make your case • Point to innovative ideas • Make your submission short and punchy • Get the reader engaged early • Be objective and outcome focussed
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