Abstract | The tension between natural justice and project delivery: Integrating environmental approvals to achieve better outcomes

Environmental assessment and approval processes are integral to the delivery of major projects. However, the timing and nature of the processes applied can drastically affect the natural justice afforded to the public as well as the successful delivery of a project. Three recent case studies in Victoria show how the decision to complete assessment and approvals sequentially, in parallel or integrated with project development, can affect the success of the project.

Many projects, including the Frankston Bypass, have utilised sequential process, where the environmental assessments are based on a hypothetical reference design. This approach means Ministerial Approval is obtained prior to procurement of a construction contractor. This provides certainty for contractors, but limits the ability for the public to engage with the final design of the project, or incorporate innovation through the approval process.

Other major projects such as the Melbourne Metro Rail Project have applied parallel processes. In this approach, assessment occurs at the same time as procurement, with some interaction with bidding construction contractors, creating opportunity for innovation while providing greater certainty in environmental outcomes. However, again the public only see a reference design during the approvals process.

The final approach, currently being applied to the West Gate Tunnel Project, is for a fully integrated approach where the environmental assessment is based on the final project design from the successful construction contractor. This approach provides the greatest transparency and opportunity for natural justice as well as the greatest certainty in environmental outcomes.

Each of these processes presents different legal and projects risks. In the worst case, a project can be stopped either through successful legal challenge or through public opposition. On the other hand, meaningful engagement with the community and integration of innovation from the procurement process can substantially improve project outcomes.

Bio | Erin Pears MEIANZ & Mathew Peel MEIANZ

Erin Pears

Over the last 11 years Erin has provided strategic environmental and planning advice in roles across the public and private sectors. Erin’s focus has been environmental assessment and approvals in Victoria, Western Australia, Northern Territory and Queensland, and prior to joining Arup, Erin was the key adviser to the Australian Minister for the Environment on national environment law.

Erin has substantial experience managing multidisciplinary teams to deliver high quality environmental and planning assessment documentation within tight timeframes. Through her roles in both the public and private sector she has successfully built lasting relationships with stakeholders across a wide range of industries including the transport, aviation, urban development, mining, industrial and water sectors.

Mat Peel

Mat has extensive experience in leading the delivery of planning and environmental advisory services for major infrastructure projects. His strengths lie in understanding the project context and the myriad of stakeholder and community interests to develop effective solutions. To achieve this, he provides clear vision and focuses on the quality of relationships needed to get challenging things done.

Mat was involved in environmental projects for both the Commonwealth and Victorian Governments, and in the United Kingdom. This included leading major project approvals at the Victorian Department of Sustainability and Environment and providing advice on resource and infrastructure projects at the Victorian Department of Premier and Cabinet.