Fast-track Approvals Act 2024 – Cost Recovery Legal Memorandum
The Fast Track Approvals Act 2024 (FTAA) establishes a unique consenting regime for infrastructure and development projects with significant regional or national benefits, with a view to enabling faster decision-making.
In doing so, it alters standard approval/consenting processes, including the roles of various stakeholders and the nature of their participation. Processing of applications is undertaken by the Environmental Protection Authority and independent expert panels make decisions on applications. Notification is prohibited but panels invite written comments by parties either as specified in the FTAA or as directed by the panel.
The Government’s intention is that the cost of participating in the Fast Track process will be borne by applicants. The FTAA therefore establishes mechanisms for some of those parties to recover the costs of their participation.
The Environmental Defence Society (EDS) requested advice as to which parties can recover their costs of participation under the FTAA and the scope of costs that are recoverable. Including what constitutes “reasonable costs”.
This memorandum sets out:
- A brief overview of the cost recovery provisions of the FTAA;
- Who can recover costs; and
- The scope of recoverable costs, including what constitutes “reasonable” costs.