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WebStatistics in ACTEnvLawHbk
%IF{ "istopic '.Default'" then="$percentINCLUDE{$quot.Default$quot}$percent" else="$percentINCLUDE{$quot.Default$quot}$percent" }% Oct 2017 ...
PublishPluginHistory in ACTEnvLawHbk
Publishing Details Publisher: AdminUser Date: 13 Nov 2017 00:58 Dir: /home/www/foswiki/pub/publish/ URL: http://austlii.community/foswiki/pub/publish// Web(s): ...
ACTEnvLawHandbook in ACTEnvLawHbk
Australian Capital Territory Environmental Law Handbook ACT Environmental Law Handbook Edited by Camilla Taylor Note: The information contained herein is a re...
WebPreferences in ACTEnvLawHbk
ACTEnvLawHbk Web Preferences Appearance * Set WEBBGCOLOR = #efefef * web specific background color, current color * Set SITEMAPLIST = off * s...
ACTEnvLawHbk in ACTEnvLawHbk
%IF{"$WEBSUMMARY = ''" then=" "}% * Table of contents About the Handbook The ACT Environmental Law Handbook Online ('the Handbook') has been developed as an ...
RisksOfTakingActionCriminalCharges in ACTEnvLawHbk
Risks of taking action--criminal charges Introduction Protest is not uncommon in Canberra city, the site of the Commonwealth Parliament. If you are charged with c...
ReviewInACATOrTheACTSupremeCourt in ACTEnvLawHbk
Review in ACAT or the ACT Supreme Court Under section 136D of the Act an 'eligible person' may apply to the ACAT for review of a decision of the EPA. An eligible ...
EnvironmentProtectionAct1997 in ACTEnvLawHbk
Environment Protection Act 1997 Objects of the Act The objects of the Act (s 3C) are extensive. They include: * to protect and enhance the quality of the envi...
CommonwealthHeritageProtection in ACTEnvLawHbk
Commonwealth heritage protection Introduction There are a number of different types of heritage protection in Commonwealth legislation relating to: * World H...
ACTHeritageProtection in ACTEnvLawHbk
ACT heritage protection The Heritage Act 2004 (ACT) ('Heritage Act') provides a comprehensive scheme for the recognition, registration and protection of heritage ...
WaterResourcesAct2007ACT in ACTEnvLawHbk
Water Resources Act 2007 (ACT) Unless otherwise specified, references in this section to provisions of an Act are references to provisions of the Water Resources ...
ManagementPlans in ACTEnvLawHbk
Management plans Public land in the ACT must be managed by a 'public land management plan' (Planning Act s 318). There are two different types of public land mana...
ProtectingTreesUnderTheAct in ACTEnvLawHbk
Protecting trees under the Act Tree management precincts and regulated trees The minister is responsible for determining the criteria for declaring an area be a ...
ConclusionBiodiversityConservation in ACTEnvLawHbk
Conclusion This chapter has provided an introduction to the legislative provisions framing some interactions with biodiversity in the ACT. Natural resource manage...
ProtectingBiodiversity in ACTEnvLawHbk
Protecting biodiversity The Nature Conservation Act requires a number of plans to be prepared to assist with the protection of biodiversity, as well as creating a...
IdentifyingSpeciesAndCommunitiesAtRisk in ACTEnvLawHbk
Identifying species and communities at risk Threatened native species, ecological communities and key threatening processes Part 4.1 of the Nature Conservation A...
MechanismsForProtectingBiodiversity in ACTEnvLawHbk
Mechanisms for protecting biodiversity National policy development Australia's first national biodiversity strategy, developed to fulfil Australia's obligations ...
CommonwealthEPBCAct in ACTEnvLawHbk
Commonwealth EPBC Act Introduction Activities or development undertaken in the ACT may trigger the operation of the Environment Protection and Biodiversity Conse...
AssessmentOfDevelopmentProposals in ACTEnvLawHbk
Assessment of development proposals Environmental Impact Statement (EIS) An Environmental Impact Statement (EIS) is a document that assists the ACT government an...
DevelopmentApprovals in ACTEnvLawHbk
Development approvals Most development applications are determined by ACTPLA. ACTPLA can decide to approve a development as per the DA, or it may decide to approv...
DevelopmentApplicationsToACTPLA in ACTEnvLawHbk
Development applications to ACTPLA Introduction In the ACT the development of land which is not within a designated area under the NCP is managed by ACTPLA. ACTP...
CommonwealthPlanningResponsibility in ACTEnvLawHbk
Commonwealth planning responsibility The Commonwealth's planning responsibility relates to Canberra as the National Capital. It is established through the NCP, wh...
ParliamentAndLegislation in ACTEnvLawHbk
Parliament and legislation Power to make laws The Commonwealth Parliament has power to make laws only in relation to those subject matters that are outlined in t...
Contacts in ACTEnvLawHbk
Contents ACT government agencies ACT Commissioner for Sustainability and the Environment Post: GPO Box 158, Canberra ACT 2601 Phone: (02) 6207 2626 Fax: (02) 62...
ConclusionTakingAction in ACTEnvLawHbk
Conclusion By taking action to protect the environment, groups and individuals directly confront ingrained values and behaviours of self interest, apathy and gree...
RisksOfSpeakingOutDefamation in ACTEnvLawHbk
Risks of speaking out--defamation What is defamation? Defamation occurs when a 'publication' (see below) identifies a person and conveys a meaning that tends to: ...
LegalRemedies in ACTEnvLawHbk
Legal remedies Internal review (or review within the agency) If you are unhappy with a government or agency response or decision, the first step is usually to co...
AccessToInformation in ACTEnvLawHbk
Access to information There are many sources of public information that may be of assistance when taking action. Clues to corporate decision making can be found b...
FindingLikeMindedPeople in ACTEnvLawHbk
Finding like minded people What makes some people decide to take action on environmental issues? There are different reasons people get together, including the de...
IntroductionTakingAction in ACTEnvLawHbk
Introduction Canberra is a transient base for politicians from the States and Territories. Accordingly, it attracts a large number of lobbyists, think tanks and b...
ConclusionSustainability in ACTEnvLawHbk
Conclusion In comparison to other Australian jurisdictions, ACT laws are quite progressive in response to climate change and the promotion of renewable energy. Ho...
ClimateChangeAndTheLaw in ACTEnvLawHbk
Climate change and the law Introduction In the ACT, the problem of climate change raises a host of complex, interconnected issues of energy supply and use, trans...
WaterAndSustainabilityLaw in ACTEnvLawHbk
Water and sustainability law Water and ACT planning law In order to improve the water efficiency of residential, commercial and industrial developments in the AC...
SustainabilityInACTPlanningLaw in ACTEnvLawHbk
Sustainability in ACT planning law Introduction A key way in which sustainability issues intersect with the law concerns their treatment under planning and devel...
SustainabilityAndTheLaw in ACTEnvLawHbk
Sustainability and the law Sustainability is most often understood in relation to the principles of ecologically sustainable development (ESD), which can be broad...
IntroductionSustainability in ACTEnvLawHbk
Introduction The most recent ACT State of the Environment Report (2011) found that in the ACT, 'Our city, our economy and our society rely on the environment. How...
HumanRightAct2004AndEnvironmentRelatedRights in ACTEnvLawHbk
Human Rights Act 2004 and environment related rights The EDO argued for a specific environmental right when submitting to the 12 month review of the Human Rights ...
IntroductionStoppingEnvironmentalHarm in ACTEnvLawHbk
Introduction Any given morning at around 5am the noise from the back of the commercial premises and laneway can be heard loudly from your new apartment. What can ...
TreesNotProtectedUnderTheTreeProtectionAct in ACTEnvLawHbk
Trees not protected under the Tree Protection Act Introduction As previously noted, the Tree Protection Act only provides protection for trees on land in built u...
NeighboursTrees in ACTEnvLawHbk
Neighbours' trees Trees commonly cause problems between neighbours in residential areas because of the spread of branches or roots from one property to another. T...
TreesOnNationalLandAndDesignatedAreas in ACTEnvLawHbk
Trees on national land and designated areas The complex, dual system of land management and control in the ACT is outlined in Chapter 2 of this Handbook. Simplist...
ConclusionHeritageProtection in ACTEnvLawHbk
Conclusion As this brief overview shows, both territory and Commonwealth heritage schemes apply in the ACT. There is legislation governing heritage places and obj...
IntroductionHeritageProtection in ACTEnvLawHbk
Introduction Heritage is generally understood as those unique places and objects that are valued by communities for their historic, spiritual, cultural, ecologica...
AcknowledgementsACTEnvLawHbk in ACTEnvLawHbk
Acknowledgements The EDO ACT wishes to express its thanks and gratitude for the valuable work and contribution of the many volunteers who assisted in the making o...
PrefaceACTEnvLawHbk in ACTEnvLawHbk
Preface This is the third edition of the ACT Environmental Law Handbook to be published by the Environmental Defenders' Office of the ACT (EDO ACT). It is an up t...
OtherLegislationAndinstrumentsACT in ACTEnvLawHbk
Other legislation and instruments Planning and Development Act 2007 (ACT) The Planning and Development Act 2007 (ACT) ('Planning Act') provides for the preparati...
EnforcementOfTheWaterResourcesAct in ACTEnvLawHbk
Enforcement of the Water Resources Act The EPA has extensive powers to investigate and enforce breaches of the Water Resources Act. For example, authorised office...
WaterResourcesRegulation2007 in ACTEnvLawHbk
Water Resources Regulation 2007 The Water Resources Regulation exempts certain activities from the requirements under the Water Resources Act to have a water acce...
IntroductionProtectingOurWater in ACTEnvLawHbk
Millions have lived without love. None has lived without water. Old Turkish proverb Introduction Our future prosperity depends on the wise management of our most...
OpportunitiesForPublicInvolvement in ACTEnvLawHbk
Opportunities for public involvement As well as participating in the development of a plan of management for an area of public land, the public have a number of '...
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