Government tables new amendment to Planning and Infrastructure Bill that could make the ‘overall improvement test’ worse

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Government Housing Minister Matthew Pennycook yesterday tabled a new amendment to the Planning and Infrastructure Bill that arguably makes the Bill worse for nature.
Currently, Clause 55(4) of the Bill states:
“An EDP passes the overall improvement test if the conservation measures are likely to be sufficient to outweigh the negative effect, caused by the environmental impact of development, on the conservation status of each identified environmental feature.”
Minister Pennycook’s new amendment would change the clause to the following:
“An EDP passes the overall improvement test if, by the EDP end date, the conservation measures are likely to be sufficient to outweigh the negative effect of the EDP development on the conservation status of each identified environmental feature.”
The Government says that the amendment “makes it clear that the “overall improvement test” (required by clause 55(3)) will be passed only if the conservation measures are likely to be sufficient to outweigh the negative effect of the development on or before the EDP end date. It also makes a drafting change to clause 55(4).“
This new amendment does nothing to strengthen the test of improvement, and in effect actually delays the measure of the test 10 years into the future, whereas what we really need is for nature enhancements to be in place ahead of impacts – otherwise we will be running a nature deficit and exacerbating nature’s decline.
CIEEM is pleased to see that the Government is open to amending the Bill, but this will not allay concerns that the Government is putting development ahead of nature recovery, making a mockery of statements that the Bill is a win-win for development and nature.
CIEEM’ sown amendments briefing calls for the below change to clause 55(4), which would considerably strengthen the test:
“An EDP passes the overall improvement test if the conservation measures will be sufficient to significantly and measurably outweigh the negative effect caused by the environmental impact of development on the conservation status of each identified environmental feature and to achieve a significant environmental improvement.”