2 July, 2013
Government must act to remove corruption risks embedded in the proposed planning system
The state government must accept the advice of the Independent Commission Against Corruption if it is serious about minimising the corruption risks inherent in the proposed planning system, Nature Conservation Council Chief Executive Officer Pepe Clarke said today.
ICAC has called in its submission [1] to the planning White Paper and draft Planning Bill for third-party appeal rights to be strengthened and for assessment standards to be clarified.
The commission has warned that:
“… limited availability of third-party appeal rights under the proposed system means that an important disincentive for corrupt decision-making is absent.
Third-party appeal rights deter corrupt approaches because there can be no guarantee that any favouritism sought will succeed. Third party appeal rights also create a perceived threat that corrupt conduct will be detected. Consequently, the opportunity for self-interested behaviour is minimised.
The ability to overturn unmeritorious decisions also helps participants maintain faith in the system by promoting certainty.”
“ICAC also highlights that the proposed laws create complexity and confusion by allowing some developments to be approved even when they do not comply with development standards,” Mr Clarke said.
“These types of provisions create corruption risks similar to those that led to the scandals at Wollongong and Rockdale councils by giving decision makers too much discretion.
“ICAC also highlights problems with giving the Planning Minister largely unfettered discretion to change strategic plans, and by giving the Director-General broad discretion to issue Strategic Compatibility Certificates, which can override all planning regulations.
“The government must act to address these serious concerns before by preparing new legislation that properly manages corruption risks, protects the environment and provides a voice for ordinary people.”
[1] https://majorprojects.affinitylive.com/public/ce705036e745f116c36beef83ed074cb/L71_NSW%20ICAC.pdf
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Planning and Development
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