Mr BAYLEY – I’ve got some planning questions, specifically about Chambroad and Kangaroo Bay. Chambroad’s hotel development proposal in Kangaroo Bay is still before the Supreme Court over a land ownership dispute. The minister, Michael Ferguson, ruled out a major project status for this project because he believed it didn’t have the grounds. Given that the legal matter is still not yet resolved, do you agree any move towards an assessment as a major project is inappropriate?
Mr ELLIS – There’s a statutory process underway as well as a legal process underway. I’ll provide some information that I can. On 9 August 2024, Chambroad lodged a revised proposal for the Kangaroo Bay Hotel development to be declared as a major project. This follows an early request made in 2023 that my predecessor determined did not meet the relevant criteria for declaring a major project. It was determined that the earlier proposal did not have at least two of the three eligibility attributes for it to be declared a major project. Specifically, the proposal did not demonstrate that:
The project will have a significant impact on or make a significant contribution to a region’s economy, environment or social fabric.
The project was considered to lack strategic importance to the region and was not of significant scale and complexity. This decision in no way reflects the merits of the proposal. This was about protecting the intent of the major projects assessment pathway, which is specifically designed to assess large, regionally significant, and complex projects. Consultation on the revised declaration request is currently occurring with neighbouring owners and occupiers, state agencies and regulators. I can advise Mr Bayley that a decision on declaration is due in October 2024.
Mr BAYLEY – What would have changed, then, if minister Ferguson ruled it out and said there weren’t grounds? Is it a different proposal or have they just rewritten it to try to meet those eligibility criteria?
Mr ELLIS – Mr Bayley, out of respect for the statutory process which is underway, I think I’ve outlined the information that’s available. We’re obviously working through that process. A decision on declaration is due in October 2024.
Mr BAYLEY – Is there a public consultation process, or are you just selecting neighbours and key stakeholders? Surely this is of significance and community concern? You’ve got the council that is deeply concerned and want their land back. You’ve got the community that doesn’t support this proposal. Surely there needs to be a public process if we’re going to go through this all again.
Mr ELLIS – I will introduce to the table Mr Sean McPhail, acting director at the State Planning Office, to provide some information around major projects, assessments, and the consultation process that’s held within that statutory process.
Mr McPHAIL – I will be general around the process. This is the declaration phase part of the process in which there’s a consultation process with neighbouring owners and occupiers, and also relevant state agencies and regulators. That’s the process which is legislated for. The public consultation process actually happens when there is a declaration made and that gets into the assessment process. There are various stages in which there are assessment criteria created, in which that is publicly consulted on.
Mr BAYLEY – Is there no option in this declaration phase for it to go out to public consultation? This is an issue of significant public concern. We’ve been around this merry‑go‑round once already. The council wants its land back. Are there mechanisms within the major projects declaration to go out to wider public consultation? Is there anything that precludes that?
Mr McPHAIL – There’s nothing that precludes that. We’re just following the legislative requirements of the major projects.
Mr BAYLEY – Minister, would you make a commitment to go out to public consultation over the declaration of this as a major project? You’ve got the capacity clearly, as we heard from the officer.
Mr ELLIS – The decision around declaration is only the beginning of a process.
Mr BAYLEY – Sure, but it’s a process that removes –
Mr ELLIS – If we choose to begin the process, hypothetically – or let’s speak in general. If we begin any process in terms of major projects by declaring that, as Mr McFarlane’s clearly outlined, that’s then when you start the consultation process. An assessment for major projects is potentially a 12‑month process. You’re asking whether we should have consultation to begin a process to start consulting. There are processes that we’ll work through.
Mr BAYLEY – The public has an interest in this, because the major projects process doesn’t have a third‑party merits‑based reviews to it. There is no capacity for the community to appeal an assessment or an approval that’s done under a major project declaration. The community have an important stake here in that. If this major projects declaration is accepted, they are having a significant piece of their third‑party rights of appeal taken away from them. I would have thought it would be entirely reasonable for the community to be consulted about whether or not this project should go into a major project assessment. They’ll lose rights. Have you met with the developer this year?
Mr ELLIS – I have.
Mr BAYLEY – When did you meet them?
Mr ELLIS – We met before we received any application. We regularly meet with people that are looking to invest in Tasmania in general. That doesn’t necessarily reflect on the project. As I mentioned before, there is a statutory process that’s outlined in legislation around consultation. If a project is declared a major project, then that’s when consultation happens.
Mr BAYLEY – How many times have you met with them? When did you meet with them?
Mr ELLIS – I met once. As I mentioned, it was before receiving the information, and not long prior to that information being provided. I’m happy to follow up in terms of an exact date. It’s part of our regular routine disclosure of our ministerial schedules.
