The New South Wales planning minister, Paul Scully, is under pressure to release details of advice he has sought on corruption risks associated with a major overhaul of the planning system designed to speed up housing.
Environmental groups and integrity experts have warned the new planning reforms go well beyond setting up a fast track for housing and would give the minister and his departmental secretary extraordinary powers to wave through development such as mines without proper environmental assessment.
The government has sought advice from Icac on two new bodies: the Development Coordination Authority – which will coordinate responses from all the government approvals agencies such as Sydney Water and the Rural Fire Service – and the Housing Development Authority – which decides which developments over $60m can be put on a fast track approval by the NSW planning department.
The bill is expected to be debated this week. Greens MP Sue Higginson said Icac had confirmed to her it had not reviewed the bill, but had given general advice on some elements of it.
Sign up: AU Breaking News email
A spokesperson for Icac said: “The commission provided probity advice to the Department of Planning, Housing and Infrastructure (DPHI) on several occasions in 2024 and 2025, which included on the establishment of the Development Coordination Authority and the Housing Delivery Authority.”
It said it could not release the advice as it was confidential. However, it noted that the minister was free to release the advice.
Higginson said the bill had been “sold as housing reform, but what it really does is winds back environmental protections, applies to all development and hands extraordinary power to the Minister and a new bureaucracy, which is essentially the Planning Secretary, with no independent oversight”.
“The government has told the parliament that Icac helped shape these reforms, but Icac has confirmed that it was never asked to review or comment on the bill. This is a serious integrity failure,” she added.
Higginson said Icac had confirmed it had not been asked for advice on controversial Targeted Assessment Development, which provides a streamlined approvals process without the need for environmental assessment.
Environmental groups are particularly worried about this new pathway. Critics say the bill appears to prohibit authorities from considering environmental and community impacts of projects that go through this path.
The chair of the Centre for Public integrity, Anthony Whealy, said the legislation may apply beyond housing and would provide a fast track for approving other types of development such as mines and power plants.
“The legislation also seems to pose a threat to integrity and proper scrutiny of development,” he said.
“That’s the grave concern for the environment.
“Over the last 20 years, we have seen in NSW numerous examples of very serious corrupt conduct involving developers and others, interacting improperly with government ministers or senior officials to corruptly line their pockets,” he said.
In a letter to Higginson, Icac elaborated on what it had given advice on, saying the advice provided by the commission addressed “several probity-related matters”. These included the importance of managing conflicting public duties, private interests and potential “revolving door” risks.
“Commission officers also discussed the need for measurable assessment criteria, ensuring transparency through clear documentation and communication records, verifying proponent claims and the separation between assessment and decision-making.
“Additionally, advice was provided concerning the need to manage lobbying activities and prevent any compromise of due process,” the letter from Icac said.
In a statement, a spokesperson for Scully said: “The government has applied all advice received from Icac in preparing the bill.”
