Sweeping new powers to allow hydraulic and agricultural projects to bypass regulations have been described as “anti-democratic and anti-Territory.”

On Thursday, Opposition Leader Selina Uibo revealed a “confidential” consultation paper that could grant the Northern Territory government authority to bypass regulatory checks and balances for major infrastructure projects.

The Labor Party government quietly released a consultation paper on the Regional Coordinator to select stakeholders, outlining its plans to “streamline” bureaucracy and reduce costs for industry.

Broad Powers for Project Exemptions

Controversially, the draft paper indicated that the Regional Coordinator would be given significant “escalatory powers,” including the authority to override regulatory agencies and “exempt” projects from certain laws. If accepted, ministers would have the power to use exemption notices to “amend the application of the law … on a one-off basis.”

The draft paper stated that this power could be used when other processes are duplicated or when “strict adherence to the legal process is unnecessary or problematic” compared to the “primary principle” of driving economic prosperity.

The draft CLP paper mentioned that the Regional Coordinator would assist “projects of significance,” such as onshore gas development, renewable energy projects, agricultural ventures, or plans under the Territory’s development strategy, such as the Beetaloo Sub-Basin and Ti Tree Horticulture Area.

Environmental Concerns and Public Opposition

Kirsty Howey, Executive Director of the Northern Territory Environment Centre, expressed concerns that these powers would be used to fast-track destructive projects, overriding the wishes of impacted Territory residents. Dr. Howey said, “These proposed laws are anti-democratic and anti-Territory.”

On Thursday, Uibo accused Chief Minister Leah Finocchiaro of hiding her plans. In response, Finocchiaro denied that the draft paper was “confidential,” asserting that it had been released to a select group of stakeholders, including the Darwin Major Business Group and Master Builders.

Government’s Justification: Economic Growth

Finocchiaro explained that the “pioneering” reform aligns with her party’s election promise to create a regional overseer and reduce all approval frameworks across the government by 50%. She also emphasized that this move did not undermine her electoral pledges to support environmental regulations, but rather focused on ensuring “the government continues to push the economy forward.”

The Labor Party provided the draft paper with only eight days for public feedback before the November 1 deadline.

Limited Parliamentary Oversight

Due to the “interventionist powers,” any exemption notices must be presented to Parliament within three days of its convening, allowing a vote to repeal such decisions. However, with the CLP holding a 17-seat majority, any motion for repeal is unlikely to pass.

Exemption powers will not apply to sacred sites or heritage laws and cannot interfere with Commonwealth laws, such as native title, land rights, and environmental protection.

The draft paper would also grant the Regional Coordinator or minister “intervention” powers to override regulatory departments and make decisions typically reserved for select agencies.

Limited Judicial Review

The government has proposed limited judicial review for the Regional Coordinator, allowing only legal disputes regarding the “intervention” powers—not exemption notices. The draft said, “The purpose of limiting the review of decisions is to provide certainty regarding decisions made by the Regional Coordinator or the minister, thereby supporting confidence in the Territory’s investment and business environment.”