'Firing up a WtE project' explaining the legal framework in New South Wales
There has been no State Significant
Development Approval granted in New South Wales (NSW) for a waste to energy (WtE)
project yet – the operative word being yet.
Obtaining project approval is the
first major step to realising a WtE plant.
However, the current landscape in NSW,
may give the impression that obtaining an approval is near impossible.
Obstacles within the planning stage include supremely complex legislation, regulators
and environmental conservationists dealing with the unknown. This is not to
mention the NSW Parliamentary Enquiry focussing on WtE technology.
This talk will walk through the
legislative planning requirements to obtain approval for such a project in NSW by
providing hypothetical scenarios and drawing on examples of current proposal(s)
in NSW.
Legislative planning requirements
include abiding by the numerous state planning statutes, addressing the
Director-General’s requirements, preparing an Environmental Impact Statement,
engaging in public exhibition and educating communities and importantly, having
the financial backing to see the application through to completion.
I will also describe the assessment
stage of the project once it has been submitted to the NSW Department of
Planning and Environment and give an indication as to the time it takes to be assessed.
In addition, the legal options that
are available after a determination has been made will be discussed to stress
the importance of making the case well and getting the planning and
environmental requirements right.
A topical and highly relevant update
on the current NSW Parliamentary Enquiry into the first proposed WtE plant in NSW
and the effect it will have on the waste industry moving forward will also be
provided.
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