Environment and Sustainable Development 5 Minute Fix 56: Threatened species, planning reforms, heritage, streamlined approvals

Environmental protection

TAS: Draft Threatened Species Strategy open for public consultation

The Tasmanian Government has released a Draft Threatened Species Strategy for public consultation. The Draft Strategy updates the existing strategy developed in 2000 under the Threatened Species Protection Act 1995 (Tas), marking the first significant reform of Tasmania's threatened species framework in 26 years.

The Draft Strategy establishes high-level principles, governance expectations, and an accountability framework. This is supported by a separate and adaptive Implementation Plan which will provide operational detail required to translate principles into action. The approach aims to provide a durable, long-term framework while keeping implementation responsive to evolving circumstances.

Key structural changes include the introduction of a formal vision statement, two explicit guiding approaches (prioritisation and collective effort) and a new four-pillar structure:

1. protect and restore;

2. partner and engage;

3. building knowledge; and

4. getting the systems right.

In addition, a new prioritisation framework will identify priority species, threats, and places using scientifically robust criteria. The Draft Strategy also places emphasis on embracing Tasmanian Aboriginal knowledge and cultural practices as central to land and sea Country management.

The Draft Strategy may be of interest to businesses, developers and landholders in Tasmania, as changes to threatened species considerations could have significant implications for development approvals, land management and regulatory compliance.

The public consultation period for the Draft Strategy will conclude on 1 May 2026.

Planning

NSW: Commencement of next phase of the NSW Planning reforms

On 21 March 2026, the next phase of the NSW Government's landmark planning system reforms under the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 (PSR Act) came into effect.

The significant changes to the Environmental Planning and Assessment Act 1979 (EP&A Act) are intended to streamline and fast-track assessment and approval pathways to accelerate housing delivery and modernise the planning system.

The next suite of significant reforms will include:

• The introduction of a new streamlined targeted assessment pathway, to allow certain low-risk projects to bypass a full merit assessment where relevant issues and impacts have already been subject to strategic planning and community consultation. This pathway will only be available to classes of development declared in a State Environmental Planning Policy.

• A streamlined 14-day approval process for minor modifications to existing development applications where there is "no environmental impact", aimed at increasing certainty for applicants and avoiding construction delays. The meaning of "no environmental impact" is likely to evolve as it is tested and considered by Courts, but includes environmental, economic and social matters. Significantly, section 4.55(1) modifications will be subject to a "deemed non-refusal" provision with the effect that applications must be determined within 14 days of lodgement, after which time they cannot be refused.

• The introduction of a proportionate and risk-based approach to the assessment of activities under Division 5.1 of the EP&A Act. Determining authorities will no longer need to consider 'all matters affecting or likely to affect the environment to the fullest extent possible', rather, these matters will be considered in a manner that is proportionate to the nature and risk of the activity.

• Changes to enhance internal review and appeals processes for development applications and modification applications to avoid appeals to the Land and Environment Court. The new planning reforms:
   

  • Allow Applicants to request that a Local Planning Panel review decisions made by Council delegates.

  • Allow an appeal period to be paused while an internal review is pending.

Local Councils will need to familiarise themselves with the obligations placed on them under the revised planning regime, especially with the much shorter timeframes for determining development applications, especially for minor modifications.

Developers are likely to benefit from a more streamlined and transparent planning system and should familiarise themselves with the new options available to them to obtain development consent without the need to commence proceedings in the Land and Environment Court.

Over the coming months, the NSW Government will continue rolling out further reforms with public consultation on the new targeted assessment pathway and a new consistent statewide community consultation plan expected soon. 

Vic: Planning Amendment (Better Decisions Made Faster) Act 2026

The Victorian Government has passed the Planning Amendment (Better Decisions Made Faster) Act 2026. The Act overhauls Victoria's existing planning framework in line with the Government's ambitions to deliver 2.24 million homes across the next 30 years.

The Act reframes the objectives of Victoria's planning system to address contemporary priorities, including climate change adaptation, increased housing supply and affordability, recognition and protection of the rights and interests of traditional owners, and planning for population change.

The Act introduces a tiered approval system for planning scheme amendments (PSAs), proportionate to the complexity of proposals. As a result of the changes introduced under the Act:

• Low impact PSAs will require targeted consultation with stakeholders but will remain exempt from regular exhibition and consultation processes.

• Medium impact PSAs will undergo the regular exhibition and formal submissions process, but without a mandatory panel referral.

• High impact PSAs will be subjected to the regular submissions process, with the Minister retaining discretion to refer matters to a panel or, in prescribed circumstances, reclassify a high impact amendment as medium impact.

A tiered system will also fast track planning permit approvals with:

• Type 1: small scale developments (stand-alone dwellings, duplexes, and basic subdivisions) being deemed approved within 10 business days if a determination is not made by the responsible authority.

• Type 2: medium risk projects (townhouses and low-rise developments) subjected to assessment within 30 business days.

• Type 3: larger-scale proposals (apartments) subjected to a 60 day assessment period, requiring public notice and authority referrals.

When assessing proposals, the Minister may refuse applications that are inconsistent with the planning objectives or impose affordable housing contributions as a condition of approval. The Minister will be required to publish reasons for decisions.

The amendments are expected to take effect by 29 October 2027, with existing applications lodged before that date unaffected. Further regulations and guidelines are expected ahead of the changes taking effect. The changes proposed to the Victorian planning system are far reaching and will have significant impacts on the operations of local councils and developers. Local councils will need to be aware of their obligations under the new regime, especially the significantly shorter time frames within which they must issue a determination. While developers may benefit from faster approval pathways and reduced objection rights, they will need to ensure that they comply with the new obligations placed on them under the Act.

We will continue to monitor these developments as the reforms move to implementation.

ACT: Statement of Heritage Priorities

The ACT Minister for Heritage, Chris Steel, has published the 2026 Statement of Heritage Priorities, a strategic framework guiding the ACT Heritage Council and the ACT Government's Heritage Team. This document highlights the ACT Government's commitment to preserving the Territory's cultural, natural and built heritage, while addressing contemporary challenges such as affordable housing, sustainability and climate change.

The Priorities in the Statement are:

• Priority 1: consider the ACT Government’s housing priorities in heritage decision‑making.

• Priority 2: contribute to the Construction Productivity Agenda for the ACT.

• Priority 3: participate in the development of the Southern Gateway Planning and Design Framework.

• Priority 4: prioritise the preservation of important examples of mid‑century modern homes.

• Priority 5: strengthen the role of First Nations peoples and enhance protection for First Nations cultural heritage.

• Priority 6: consider climate change and sustainability.

• Priority 7: cooperate with ACT Heritage on system reform and improved heritage data.

• Priority 8: give regard to ACT Government policies and legislation.

• Priority 9: maintain strong governance, conduct, and reporting.

A key focus of the statement is Priority 1, which integrates the ACT Government's housing goals into heritage decision-making. With the ACT committed to delivering 30,000 new homes by 2030, the Heritage Council is encouraged to consider adaptive reuse of heritage places, transit-oriented development, and mixed housing types. This priority outlines the importance of aligning heritage processes with broader urban planning strategies including the National Planning Blueprint Measures and the ACT Planning Strategy.

Priority 2 addresses the Council's role in contributing to the ACT's Construction Productivity Agenda. The Heritage Council is expected to establish practices that reduce unnecessary processes to ensure compliance with the Heritage Act 2004 (ACT), providing greater certainty for developers and property owners. This approach seeks to improve efficiency in the construction industry while maintaining heritage values.

Sustainability is central to Priority 6, which focuses on balancing heritage conservation with emissions reduction.

Developers in the ACT may consider exploring adaptive reuse opportunities and aligning projects with the ACT's broader planning and sustainability objectives. Developers that are focused on delivering housing should familiarise themselves with the priorities to ensure projects align with heritage and planning priorities of the ACT Government.

Special thanks to Luke Salamone (Sydney), Jada Hatch (Sydney), Chloe Northeast (Melbourne), Claire Bernabe (Melbourne), and Grace McInerney (Sydney).