08-10-2024
The Separation of Powers within the Australian Government
Australia has three levels of Government that work together to provide all Australians with the services they need; it can often take work to understand who manages and implements what projects.
Three levels of Australian Government:
- Federal – Australian – Parliament, in Canberra
- State and territory parliaments or legislative assemblies in each State and territory capital city
- Local councils – also called shires, with 566 across Australia, source Australian Bureau of Statistics as of 2021
Local governments, such as the Upper Lachlan Shire Council, publish various guidelines, codes, and practices related to the council’s functions under the Local Government Act or other legislations or policies for which the Minister for Local Government is responsible.
These guidelines enable councils to govern lawfully, transparently, and with accountability to provide essential and sustainable services to local communities and residents within the Local Government Area.
The Australian Government’s separation of powers in Planning and Development involves various approval processes under NSW planning legislation.
The type of approval process required depends on the nature of the development and can range from Local Development to State Significant Development.
Local development is the most common type of development in NSW and requires approval via a development application. This is usually done through your council and often does not require action from State Governing Bodies. Local development projects range from home extensions to medium-sized commercial, retail, and industrial developments.
State Significant Development includes projects that meet specific criteria, such as being over a certain size, located in sensitive ecological areas, or involving a significant capital investment. Examples of State Significant Development projects include energy-generating facilities such as wind and solar farms, mining or extraction operations, waste management facilities, and chemical and manufacturing facilities.
According to the Environmental Planning and Assessment Act, all State Significant Development projects need development consent from the Independent Planning Commission or the Minister before proceeding. Councils have various input levels throughout the process. However, the NSW Department of Planning, Housing, and Infrastructure manages and approves State Significant Developments.