Are states legally bound by the Town and Country Planning Act amendment?

Question

Accepted Answer

States Are Not Legally Bound by the Town and Country Planning Act Amendment Unless They Agree

The proposed amendment to the Town and Country Planning Act 1976, which would require state governments to seek advice from a federal council on land development projects, is not legally binding on states unless they explicitly agree to its application. This is due to existing provisions within the Act itself that grant states the autonomy to decide which sections apply to them.
State Autonomy in Adopting the Act

Section 1(3) of the Town and Country Planning Act explicitly states that the law will not apply to any area of a state unless that state agrees to its implementation. This provision underscores the principle that states retain the authority to determine the extent to which federal planning legislation governs their territories. Consequently, any amendment to the Act, including the proposed Section 20B, will only become applicable to a state if that state formally adopts it.
Nature of the Proposed Section 20B

The proposed Section 20B aims to make it mandatory for both state and federal government agencies to consult a federal council for advice on specific land development projects. These projects encompass areas such as land reclamation, airport construction, highways, and dams, among other infrastructure deemed to be of national interest. The process of seeking this advice would necessitate the submission of the development proposal, a social impact assessment report, and any other documentation the council deems necessary.
Rationale Against Unilateral Federal Authority

It is argued that it would be inequitable and illogical to grant a federal executive body the ultimate decision-making power over land development within a state without the state's consent. Land development is intrinsically a state matter, and imposing federal directives without agreement undermines this fundamental principle. The requirement for states to consent before federal legislation applies ensures a balance of power and respects the jurisdictional boundaries of state governments.
Precedent of Social Impact Assessments

The practice of requiring social impact assessment reports for significant development projects is not novel. Such assessments are already standard procedure for major infrastructure undertakings like the Kinrara-Damansara Expressway (Kidex), as well as large-scale property developments such as PJ Sentral and Icon City in Petaling Jaya. This indicates an existing framework for evaluating the societal effects of development, which can be integrated into the consultation process.

Reading history

Hide →

This history is cleared when the page is closed.

Are states legally bound by the Town and Country Planning Act amendment?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends