Dumping Democracy In The Banana Republic Of Victoria
Western Victoria MP Bev McArthur has expressed alarm at a Statutory Rule introduced by Environment Minister Lily D’Ambrosio, which has the effect of disapplying important sections of the Environment Protection Act 1970.
The Environment Protection (Management of Tunnel Boring Machine Spoil) Regulations 2020, introduced on 30 June 2020, took effect the following day.
Mrs McArthur expressed astonishment that such significant changes could be made by secondary legislation, a mechanism only normally permissible because of a sitting Parliament’s ability to pass a motion to disallow such regulations.
Mrs McArthur has released the letter she wrote to the Minister, drawing attention to the democratic deficit in her actions. She wrote: “It is deeply regrettable that any delegated legislation should come into force at a time when Parliament is unable to react for an extended period."
"The introduction of SR No.62 is even less acceptable, given its huge potential consequence for the people of Victoria, the secrecy and speed of its introduction, and the consequent total lack of consultation with communities which may suffer as a result."
“It is, therefore, no less than your absolute duty to your office, Parliament, the Constitution and the people of Victoria, to respond fully, openly and quickly to the questions raised by a number of parties which I catalogue below.”
Mrs McArthur noted the significant watering down of environmental protections surrounding the storage of potentially contaminated soil, including the removal of the currently required licence process, and the reduction from 500m to 200m of the buffer zone required between sensitive land use and houses, health services and schools.
She asked also: “Why was this change necessary at all, and why at this time, with this speed and without consultation? Put simply, what does the changed regulation achieve? Who proposed the process, and was it led by the EPA, or DELWP?"
She also raised the politically explosive issue of a Government bailout for the private contractors involved in delivering the West Gate Tunnel Project, querying: “Does the new system allow… constructors to avoid paying the landfill levy on soil removed…? What were the projected landfill levy disposal costs prior to this change, and how much revenue will now be foregone? Is this not of hugely material benefit to the WGTP contractors?"
“Is this subsidy to the contractors simply a face-saving exercise by the Government, to effectively cover up further funding being granted to private companies engaged on the project?”
She later added: “Disapplying existing law in this way, with no warning and no reasoning given, is absolutely cavalier. The new regulation sees the licensing regime for soil dumping watered-down, and moreover gives a lifeline worth tens or hundreds of millions of dollars to private contractors on the otherwise-failing West Gate Tunnel Project. This is the government of a banana republic!”
“To salvage any legitimacy for SR No. 62 / 2020, and indeed any public trust in this Government’s attitude to democracy, a complete explanation of the regulation’s purpose and effect, the process of its creation, the details of the procedure it creates, and its consequences for the West Gate Tunnel Project is urgently required.”
“We are used to this Government avoiding scrutiny, but here they are playing fast and loose with the very rules at the foundation of our Parliamentary democracy.”
14 July 2020