Concerns are rising over proposed changes to planning laws in New South Wales (NSW) that critics say could undermine environmental protections and increase the risk of corruption. The NSW Premier, Planning Minister, and Treasurer announced the reforms in September, asserting that they would streamline the planning process and accelerate housing approvals.

Legal experts, including Anthony Whealy, chair of the Centre for Public Integrity and a former Supreme Court judge, have expressed alarm about the implications of the legislation. Whealy described it as "deceitful" to claim the laws pertain only to housing. He noted, "Over the last 20 years, we have seen in NSW numerous examples of very serious corrupt conduct involving developers and others, interacting improperly with government ministers or senior officials to corruptly line their pockets."

Whealy criticized the bill for removing safeguards supported by the NSW Independent Commission Against Corruption (ICAC) that are designed to prevent corruption in planning and development.

Under the proposed reforms, the Planning Minister would gain significant new powers to expedite projects through a streamlined development pathway. This pathway, known as Targeted Assessment Development (TAD), would not require consideration of various environmental and public interest impacts. Additionally, the bill would eliminate the need for specialized government agency advice on developments.

A new entity, the Development Coordination Authority (DCA), would replace existing agencies such as Dams Safety NSW and Transport for NSW. The Department of Climate Change, Energy, the Environment and Water would no longer be consulted regarding the impact of developments on threatened species.

The Environmental Defenders Office (EDO) has raised concerns that the planning secretary, through the DCA, would wield extensive powers without adequate oversight. They warned that there are no restrictions preventing large, controversial projects, including mines and renewable energy developments, from being assessed via the TAD pathway.

Whealy pointed out that the reforms would diminish the role of local government authorities and amend environmental planning instruments without oversight. He stated, "If you add those three things together, you come out with a situation where ICAC's wishes for accountability, transparency, and oversight are in real jeopardy. That poses a threat to integrity and exposes the whole operation to the prospect of serious corruption."

NSW Greens Member of the Legislative Council Sue Higginson, a former environmental lawyer, emphasized the importance of checks and balances. She stated, "The current reforms are proposing that there will be enormous powers sitting in the hands of individuals, such as the planning secretary, through the constitution of an entirely new authority."

Recent correspondence between Higginson and ICAC Commissioner John Hatzistergos revealed that while the commission was not directly asked to comment on the legislation, it had provided probity advice to planning officials regarding the establishment of the DCA and the Housing Delivery Authority.

Planning Minister Paul Scully responded to concerns by stating that the ICAC had not raised issues with the government's approach. He assured that the TAD pathway would not be used for large resource or renewable energy projects, saying, "Large projects, whether resources, energy, or manufacturing projects, that have significant impacts require a comprehensive assessment and this will continue to be the case."

However, Whealy challenged this assurance, arguing that it should be explicitly included in the legislation. He remarked, "If that's the case, let's put it in the legislation and we won't be so concerned."

The Greens plan to introduce a bill in parliament this week to refer the legislation for further scrutiny. Higginson stated, "I think there are steps that have been skipped, there is consultation that hasn't been undertaken."