October 5, 2021

I rise to speak on the Suburban Rail Loop Bill 2021. This Bill establishes the Suburban Rail Loop Authority and there are a few concerns about this Bill that I would like to put on the record on behalf of Derryn Hinch’s Justice Party.

While there are issues with the Suburban Rail Loop as a project in itself, there are also concerns about the scale of power this bill gives to a statutory Authority.

Infrastructure projects are often bold, visionary – and we know, expensive – however, they can deliver great outcomes for communities.
They take enormous planning, consultation, risk and public money to deliver.

The Murray Basin Rail is one example of such a project – transforming a fragmented rail network to the great benefit of our agricultural sector, and delivering reliability, efficiency, while unlocking private investment in the supply chain for intermodals that would take thousands of trucks off the roads and get our produce to port more quickly.

The comprehensive business case of 2016 for the Murray Basin Rail Project estimated a project benefit of 1.7 at the rate of 7%. This excluded a whole range of wider economic benefits.  Frustratingly, the Murray Basin Rail Project sits stalled and with a Review in 2020 that remains heavily redacted and $5 million needed to update the business case and reset the project.  Ironically, or perhaps despairingly, it is now 100 years since the 1921 royal commission into rail gauge that recommended standard gauge conversion across Australia’s rail. One hundred years and still waiting.

In comparison the Suburban Rail Loop, estimated to cost $30 to $50 billion, is justified by an incomplete business case with debate around its value – yet forges ahead.

Setting aside the debate around whether or not the Suburban Rail Loop Project represents value for money, or what other projects could be delivered – especially in regional Victoria – or concerns about what blowouts may occur, the Suburban Rail Loop Bill 2021 could be viewed as setting up a statutory authority as the biggest property developer in the state.

In effect, the Authority will not only acquire the land required for this project, it will subsequently act as the Planning authority. It seems to remove checks and balances that are required of other major projects and critical consultation that the community relies on.

The bill amends the Major Transport Projects Facilitation Act itself – not just for the purpose of land in the Suburban Rail Loop planning areas – but for all land falling under the Major Transport Projects Facilitation Act, significantly expanding the government’s unchecked and unsupervised powers in relation to all major infrastructure projects.

While doing it, the Bill subsequently removes rights for people affected by the failure of the Minister or the Authority to comply with certain parts of the Planning and Environment Act and removes their recourse to VCAT.  The Statement of Compatibility states people can still go to the Supreme Court if they want to – this a pathway that is substantially more expensive and outside of the financial capacity for most people.

We’re troubled that the Minister can exempt the authority from disclosure obligations under sections 17-19 of the Planning and Environment Act simply if the minister considers ‘compliance is not warranted’.  And, further troubled that this bill removes any capacity for the Parliament to revoke any amendment to planning instruments made by the Authority.

This government has failed in its part to deliver the Murray Basin Rail project.  Scathing VAGO reports cite poor management and a complete lack of oversight and accountability. It would be devastating for the financial situation of our state and the communities affected, if the Suburban Rail Loop project follows the same path and ends up over budget and stalled.

I hope to be reassured through this debate that the Authority will exercise the powers given through this bill with great care, consultation and regard for those who ultimately foot the bill. As for the Murray Basin Rail Project, 100 years means it’s still not too late!

I thank the House.