Environmental Law & Lawyers

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NEWS, UPDATES & FURTHER INFORMATION - Environmental Law & Lawyers

What is Environmental Law?

Environmental law is a complex and constantly evolving grouping of laws, designed to balance the interests and rights of private property owners such as businesses, with the environmental concerns of the public. As a private property owner, it is important that you ensure you remain fully compliant with each new development in the law in order to avoid prosecution.

The environmental law lawyers can provide pre-emptive, practical and technical legal advice on compliance with current environmental law, as well as legal defence following alleged breaches of the environmental legislation.

Environmental legislation in Australia

Commonwealth:

Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)
An Act to preserve and protect places, areas and objects of particular significance to Aboriginals.

Antarctic Marine Living Resources Conservation Act 1981 (Cth)
An Act relating to the conservation of marine living resources of the Antarctic and its surrounding seas.

Antarctic Treaty (Environment Protection) Act 1980 (Cth)
An Act relating to the protection and conservation of the environment in the Antarctic.

Australian Heritage Council Act 2003 (Cth)
An Act to establish the Australian Heritage Council.

Environment Protection (Sea Dumping) Act 1981 (Cth)
An Act providing for the protection of the environment by regulating the dumping into the sea, and the incineration at sea, of certain wastes and other matter and the dumping into the sea of certain other objects and by prohibiting the dumping into the sea, and the ...

Environment Protection and Biodiversity Conservation Act 1999 (Cth)
An Act relating to the protection of the environment and the conservation of biodiversity.

Great Barrier Reef Marine Park Act 1975 (Cth)
An Act to establish a Great Barrier Reef Marine Park.

Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Cth)
An Act to provide for the regulation of the export, import and transit of hazardous waste.

Historic Shipwrecks Act 1976 (C'th)
An Act relating to the Protection of Certain Shipwrecks and Relics of Historical Significance.

National Environment Protection Council Act 1994 (Cth)
An Act to provide for the establishment of a National Environment Protection Council.

National Greenhouse and Energy Reporting Act 2007 (Cth)
An Act to provide for the reporting and dissemination of information related to greenhouse gas emissions, greenhouse gas projects, energy production and energy consumption.

Natural Heritage Trust of Australia Act 1997 (Cth)
An Act to establish the Natural Heritage Trust of Australia Account.

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth)
An Act to provide for measures to protect atmospheric ozone

Protection of Movable Cultural Heritage Act 1986 (Cth)
An Act to protect Australia's heritage of movable cultural objects, to support the protection by foreign countries of their heritage of movable cultural objects.

Sea Installations Act 1987 (Cth)
An Act relating to certain installations in the sea

Wet Tropics of Queensland and World Heritage Area Conservation Act 1994 (Cth)
An Act relating to the conservation of the Wet Tropics of Queensland World Heritage Area

Australian Capital Territory

Commissioner for the Environment Act 1993 (ACT)
An Act to establish the office of the Commissioner for the Environment.

Electricity (Greenhouse Gas Emissions) Act 2004 (ACT)
An Act to establish greenhouse gas benchmarks for the electricity industry and to encourage activities relating to the reduction of greenhouse gas emissions.

Environment Protection Act 1997 (ACT)
An Act to provide for the protection of the environment.

Land (Planning and Environment) Act 1991 (ACT)
An Act relating to the use of land in the Territory

National Environment Protection Council Act 1994 (ACT)
An Act to provide for the establishment of a national environment protection council.

Nature Conservation Act 1980 (ACT)
An Act to make provision for the protection and conservation of native animals and native plants, and for the reservation of areas for those purposes.

New South Wales

Coastal Protection Act 1979 (NSW)
An Act relating to the use and occupation of the coastal region, and to facilitate the carrying out of certain coastal protection works.

Environmental Planning and Assessment Act 1979 (NSW)
An Act to institute a system of environmental planning and assessment for the state of New South Wales.

Environmental Trust Act 1998 (NSW)
An Act to fund environmental restoration, rehabilitation, research and education and to fund land acquisition for the national parks estate; to constitute the Environmental Trust to administer the funding arrangements.

Environmentally Hazardous Chemicals Act 1985 (NSW)
An Act to provide for control of the effect on the environment of chemicals and chemical wastes.

Forestry Act 1916 (NSW)
An Act to consolidate and amend the law relating to forestry; to provide for the dedication, reservation, control, and use of State forests, timber reserves, and Crown lands for forestry and other purposes; to appoint a commission to administer the Act, with power to sell ...

Land and Environment Court Act 1979 (NSW)
An Act to constitute the Land and Environment Court and to make provision with respect to its jurisdiction.

Marine Pollution Act 1987 (NSW)
An Act relating to the protection of the sea and certain waters from pollution by oil and other noxious substances discharged from ships.

National Environment Protection Council (New South Wales) Act 1995 (NSW)
An Act to provide for the establishment of a National Environment Protection Council.

National Parks and Wildlife Act 1974 (NSW)
An Act to consolidate and amend the law relating to the establishment, preservation and management of national parks, historic sites and certain other areas and the protection of certain fauna, native plants and Aboriginal objects.

Native Vegetation Act 2003 (NSW)
An Act relating to the sustainable management and conservation of native vegetation.

Natural Resources Commission Act 2003 (NSW)
An Act to establish the Natural Resources Commission

Ozone Protection Act 1989 (NSW)
An Act to empower the regulation and prohibition of the manufacture, sale, distribution, use, emission, re-cycling, storage and disposal of stratospheric ozone depleting substances and articles which contain those substances.

Protection of the Environment Administration Act 1991 (NSW)
An Act to constitute the Environment Protection Authority and to make provision with respect to its general responsibilities and management.

Protection of the Environment Operations Act 1997 (NSW)
An Act to protect the environment; to replace other environment protection legislation.

Soil Conservation Act 1938 (NSW)
An Act to make provision for the conservation of soil resources and farm water resources and for the mitigation of erosion.

State Environmental Planning (Permissable Mining) Act 1996 (NSW)
An Act to validate a State environmental planning policy regarding permissibility of mining.

Wilderness Act 1987 (NSW)
An Act to provide for the identification of wilderness and the protection and management of wilderness areas in the State.

Northern Territory

Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1996 (NT)
An Act to acknowledge and secure the right of Aboriginals to occupy and use certain land on the Cobourg Peninsula in the Northern Territory of Australia, to vest that land in trustees for Aboriginals, to declare that land to be a national park, making certain provisions ...

Environmental Assessment Act 1994 (NT)
An Act to provide for the assessment of the environmental effects of development proposals and for the protection of the environment

Lands, Planning and Mining Tribunal Act 1998 (NT)
An Act to establish the Lands, Planning and Mining Tribunal

National Environment Protection Council (Northern Territory) Act 1994 (NT)
An Act to provide for the establishment of a National Environment Protection Council.

Territory Parks and Wildlife Conservation Act (NT)
An Act to make provision for and in relation to the establishment of Territory Parks and other Parks and Reserves and the study, protection, conservation and sustainable utilisation of wildlife.

Queensland

Environmental Protection Act 1994 (Qld)
An Act about the protection of Queensland’s environment.

National Environment Protection Council (Queensland) Act 1994 (Qld)
An Act to provide for the establishment of a National Environment Protection Council

Nature Conservation Act 1992 (Qld)
An Act to provide for the conservation of nature.

Wet Tropics World Heritage Protection and Management Act 1993 (Qld)
An Act to provide for the protection and management of the Wet Tropics of Queensland World Heritage Area.

South Australia

Coast Protection Act 1972
An Act to make provision for the conservation and protection of the beaches and coast of this State; and for other purposes.

Development Act 1993 (SA)
An Act to provide for planning and regulate development in the State; to regulate the use and management of land and buildings, and the design and construction of buildings; to make provision for the maintenance and conservation of land and buildings where appropriate.

Environment Protection (Sea Dumping) Act 1984 (SA)
An Act to provide for the protection of the environment by regulating the dumping into the sea, and the incineration at sea, of wastes and other matter and the dumping into the sea of certain other objects.

Environment Protection Act 1993 (SA)
An Act to provide for the protection of the environment; to establish the Environment Protection Authority.

Environment, Resources and Development Court Act 1993 (SA)
An Act to establish the Environment, Resources and Development Court.

National Environment Protection Council (South Australia) Act 1995 (SA)
An Act to provide for the establishment of a National Environment Protection Council.

National Parks and Wildlife Act 1972 (SA)
An Act to provide for the establishment and management of reserves for public benefit and enjoyment; to provide for the conservation of wildlife in a natural environment

Native Vegetation Act 1991 (SA)
An Act to provide incentives and assistance to landowners in relation to the preservation and enhancement of native vegetation; to control the clearance of native vegetation.

Natural Resources Management Act 2004 (SA)
An Act to promote sustainable and integrated management of the State's natural resources; to make provision for the protection of the State's natural resources.

River Murray Act 2003 (SA)
An Act to provide for the protection and enhancement of the River Murray and related areas and ecosystems.

Water Resources Act 1997 (SA)
An Act to provide for the management of the State's water resources.

Wilderness Protection Act 1992 (SA)
An Act to provide for the protection of wilderness and the restoration of land to its condition before European colonisation.

Tasmania

Land Use Planning and Approvals Act 1993 (TAS)
An Act to make provision for land use planning and approvals.

National Environment Protection Council (Tasmania) Act 1995 (TAS)
An Act to provide for the establishment of a National Environment Protection Council.

National Parks and Reserves Management Act 2002 (TAS)
An Act for the management of national parks and other reserved land.

Natural Resource Management Act 2002 (TAS)
An Act to establish the Tasmanian Natural Resource Management Council and regional committees for natural resource management and to provide for the development of regional strategies for natural resource management

Nature Conservation Act 2002 (TAS)
An Act for the conservation and protection of the flora, fauna and geological diversity of the State; and to provide for the declaration of national parks and other reserved land.

Pollution of Waters by Oil and Noxious Substances Act 1987 (TAS)
An Act to protect the State waters from pollution by oil and other substances; to give effect to certain parts of the Marpol Convention.

Victoria

Catchment and Land Protection Act 1994 (VIC)
An Act to establish a framework for the integrated management and protection of catchments; to encourage community participation in the management of land and water resources; to set up a system of controls on noxious weeds and pest animals.

Commissioner for Environmental Sustainability Act 2003 (VIC)
An Act to provide for the appointment and objectives, functions and powers of the Commissioner for Environmental Sustainability.

Conservation, Forests and Lands Act 1987 (VIC)
To establish a body corporate called the Director-General of Conservation, Forests and Lands; to provide a framework for a land management system.

Environmental Effects Act 1978 (Vic)
An Act to require the environmental effects of certain works to be assessed.

Environmental Protection Act 1970 (Vic)
An Act to establish an Environment Protection Authority.

National Environment Protection Council (Victoria) Act 1995 (VIC)
An Act to establish the National Environment Protection Council (Victoria)

National Parks Act 1975 (Vic)
An Act to consolidate, amend and make further provision in the law relating to national parks and other Crown lands.

Planning and Environment Act 1987 (Vic)
To establish a framework for planning the use, development and protection of land in Victoria.

Pollution of Waters by Oil and Noxious Substances Act 1986 (VIC)
The purpose of this Act is to make certain provisions for the protection of the sea and certain waters from pollution by oil and other noxious substances and to implement the Marpol Convention.

Sustainability Victoria Act 2005 (VIC)
An Act to establish Sustainability Victoria and provide for it to be the successor in law of the Sustainable Energy Authority Victoria and EcoRecycle Victoria

Victorian Environmental Assessment Council Act 2001 (VIC)
An Act to establish the Victorian Environmental Assessment Council

Victorian Renewable Energy Act 2006 (VIC)
The purpose of this Act is to promote the development of renewable energy generation through the establishment of a scheme that provides for the creation and acquisition of renewable energy certificates and requires the surrender of renewable energy certificates.

Wildlife Act 1975 (Vic)
To promote the protection and conservation of wildlife.

Western Australia

Carbon Rights Act 2003 (WA)
An Act to provide for the creation and effect of certain interests in land in relation to the effects of carbon sequestration from, and carbon release to, the atmosphere, and for related matters

Conservation and Land Management Act 1984 (WA)
An Act for the use, protection and management of certain public lands and waters and the flora and fauna.

Environmental Protection Act 1986 (WA)
An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment.

National Environment Protection Council (Western Australia) Act 1996 (WA)
An Act to provide for the establishment of a National Environment Protection Council.

Pollution of Waters by Oil and Noxious Substances Act 1987 (WA)
An Act relating to the protection of the sea and certain waters from pollution by oil and other noxious substances discharged from ships and places on land.

Soil and Land Conservation Act 1945 (WA)
An Act relating to the conservation of soil and land resources, and to the mitigation of the effects of erosion, salinity and flooding.

Waterways Conservation Act 1976 (WA)
An Act to make provision for the conservation and management of certain waters and of the associated land and environment; for the establishment of a Rivers and Estuaries Council.

Wildlife Conservation Act 1950 (WA)
An Act to provide for the conservation and protection of wildlife.

Courts & tribunals and their decisions
Australia
New South Wales
Land and Environment Court of New South Wales - Decisions
A database containing decisions of the Land and Environment Court of New South Wales from 1988. All decisions are selected and provided by the court. This Court deals with environmental, development, building and planning disputes and has the same status as the Supreme Court ...

Land and Environment Court of New South Wales - Homepage
Site includes practice notes and rules, planning principles, forms, speeches, papers and fact sheets. Also includes court decisions for 1999 onwards

Queensland

Planning and Environment Court of Queensland - Decisions
Full text decisions of the Planning and Environment Court of Queensland from 1999 as selected by the Court. This court was constituted in 1990 and replaced the Local Government Court.

Planning and Environment Court of Queensland - Homepage
Site includes decisions from 2000, Practice directions and Planning and Environment Forms.

South Australia

Environment Resources and Development Court of South Australia - Decisions
Full text decisions of the Environment Resources and Development Court of South Australia as selected by the court since January 1997. The ERD Court deals with disputes and the enforcement of laws that relate to the development and management of land, the natural and built ...

Environment Resources and Development Court of South Australia - Homepage
Judgments and Sentencing Remarks from 2003; practice pages include Rules, Practice Directions, Forms and Fees, Court Protocols and time limits for lodgment of appeals.

Tasmania

Resource Management and Planning Appeal Tribunal of Tasmania - Decisions
This database contains a number of full text decisions of the Resource Management and Planning Appeal Tribunal of Tasmania as selected by the Tribunal. The Resource Management and Planning Appeal Tribunal is an independent statutory body set up under the Resource Management ...

Resource Management and Planning Appeal Tribunal of Tasmania - Homepage
Site includes Tribunal procedures, Civil enforcemnt proceedings, Fees, Forms and Decisions from 2006.

Legislation administered by the Minister

Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Antarctic Acts 
Antarctic Marine Living Resources Conservation Act 1981
Antarctic Treaty Act 1960
Antarctic Treaty (Environment Protection) Act 1980
Australian Antarctic Territory Acceptance Act 1933
Australian Antarctic Territory Act 1954
Australian Heritage Council Act 2003
Captains Flat (Abatement of Pollution) Agreement Act 1975
Chowilla Reservoir Agreement Act 1963
Dartmouth Reservoir Agreement Act 1970
Environment Protection (Alligator Rivers Region) Act 1978
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection (Sea Dumping) Act 1981
Fuel Quality Standards Act 2000
Great Barrier Reef Marine Park Acts 
Great Barrier Reef Marine Park Act 1975
Great Barrier Reef Marine Park (Environmental Management Charge-Excise) Act 1993
Great Barrier Reef Marine Park (Environmental Management Charge-General) Act 1993
Hazardous Waste (Regulation of Exports and Imports) Act 1989
Heard Island and McDonald Islands Act 1953
Hindmarsh Island Bridge Act 1997
Historic Shipwrecks Act 1976
Koongarra Project Area Act 1981
Lake Eyre Basin Intergovernmental Agreement Act 2001
Meteorology Act 1955
Morgan-Whyalla Waterworks Agreement Act 1940
National Environment Protection Council Act 1994
National Environment Protection Measures (Implementation) Act 1998
National Rental Affordability Scheme Act 2008National Water Commission Act 2004
Natural Heritage Trust of Australia Act 1997
Natural Resources Management (Financial Assistance) Act 1992, section 25(1)
Ozone protection and synthetic greenhouse gas acts
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995
Product Stewardship (Oil) Act 2000
Removal of Prisoners (Territories) Act 1923  - insofar as it relates to the Territory of Heard Island and McDonald Islands and the Australian Antarctic Territory
Sea Installations Act 1987
Sea Installations Levy Act 1987
Sewerage Agreements Act 1973
Sewerage Agreements Act 1974
State Grants (Water Resources Measurement) Act 1970
Sydney Harbour Federation Trust Act 2001
Water Act 2007
Water Efficiency Labelling and Standards Act 2005
Western Australia Agreement (Ord River Irrigation) Act 1968
Western Australia Agreement (Ord River Irrigation) Act 1980
Western Australia (South-West Region Water Supplies) Agreement Act 1965
Wet Tropics of Queensland World Heritage Area Conservation Act 1994

Key environmental national bodies in Australia include:

Key National Bodies
House of Representatives Standing Committee on Climate Change, Environment and the Arts
Senate Standing Committees on Environment and Communications
Australian Centre for Environmental Law (ACEL)
ACEL offers environmental law and policy teaching and research in Australia at the ANU.

Australian Conservation Foundation (ACF)
A non government organisation dedicated to preserving the environment.
Australian Environment Foundation (AEF)
A not-for-profit, membership-based environmental organisation which takes an evidence-based, solution focused approach to environmental issues.

Australian Network of Environmental Defenders Offices (ANEDO)
The EDO Network consists of nine independently constituted and managed community environmental legal centres spread across Australia.
Department of Sustainability, Environment, Water, Population and Communities

Environment Institute of Australia and New Zealand (EIANZ)
A professional association for environmental practitioners.
Environment Protection and Heritage Council (EPHC)

Environs Australia
The local government environment network.
Greenpeace Australia

Lawyers for Forests

National Environmental Law Association (NELA)
A multi-disciplinary organisation serving the needs of practitioners in law, planning, natural resources and environmental management, environmental science and environmental impact assessment.
National Water Commission (NWC)

The National Water Commission is an independent statutory body within the Department of Sustainability, Environment, Water, Population and Communities portfolio.

Natural Resource Management Ministerial Council (NRMMC)

The NRMMC is the peak government forum for consultation, coordination and, where appropriate, integration of action by governments on natural resource management issues.

Wilderness Society (Australia)

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