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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...
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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): ...
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%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 ...
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 ...
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...
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...
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 ...
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...
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 ‘...
ACTIndigenousProtectedAreas
in ACTEnvLawHbk
ACT Indigenous protected areas All jurisdictions in Australia except the ACT have declared indigenous protected areas (‘IPAs’). These are areas of Indigenous owne...
OffencesOnPublicLand
in ACTEnvLawHbk
Offences on public land Offences on public land in the ACT differ depending on whether the land is a reserve, contains a declared Ramsar site, or if the land is p...
TypesOfPublicLand
in ACTEnvLawHbk
Types of public land Areas of public land are divided up into two overarching categories under the ACT legislative framework: areas that are reserves and areas th...
IntroductionPublicLand
in ACTEnvLawHbk
Introduction More than 60% of the ACT has been declared as public land. This includes the ACT’s extensive reserve network which consists of various wilderness are...
OtherProtectionMechanisms
in ACTEnvLawHbk
Other protection mechanisms Tree protection directions The conservator has the power to issue directions in respect to a protected tree
(s 76). A direction is gi...
IntroductionProtectingOurTrees
in ACTEnvLawHbk
Introduction Trees are an important feature of the urban, rural and natural landscapes. For many people, trees are the embodiment of the environment and tree plan...
IntroductionBiodiversityConservation
in ACTEnvLawHbk
Introduction Biodiversity exists everywhere — including in Canberra Nature Park, on rural properties and in urban Canberra. Legislation and legal agreements for b...
AssessmentOfStrategicLevelPlanning
in ACTEnvLawHbk
Assessment of strategic level planning Strategic environmental assessment (SEA) A SEA is a comprehensive environmental assessment that may be prepared in the ear...
IntroductionEnvironmentalImpactAssessment
in ACTEnvLawHbk
Introduction Environmental Impact Assessment (EIA) is a process for ensuring that decisionmakers are informed of the environmental impacts of activities. EIA also...
AssessableDevelopments
in ACTEnvLawHbk
Assessable developments Development applications ACTPLA’s website and shopfront provides a quick guide with information about development applications (DAs) as w...
ReviewOfDevelopmentApprovals
in ACTEnvLawHbk
Review of development approvals There are two types of review that may be available in relation to a decision on a DA — merits review and judicial review. Merits ...
AssessmentTracks
in ACTEnvLawHbk
Assessment tracks It is the responsibility of the applicant to identify the applicable assessment track. Code track A code track assessment applies to simpler de...
TheTerritorysPlanningResponsibility
in ACTEnvLawHbk
The Territory’s planning responsibility Introduction The Australian Capital Territory’s planning responsibility relates to Canberra as a city. It is established ...
DevelopmentApplicationsToTheNCA
in ACTEnvLawHbk
Development applications to the NCA Introduction The NCA is established under section 5 of the Planning and Land Management Act and is responsible for administer...
IntroductionDevelopmentApproval
in ACTEnvLawHbk
Introduction There are two development approval systems operating in the Australian Capital Territory (ACT), one managed by the National Capital Authority (NCA), ...
SimplifyingTheDualSystem
in ACTEnvLawHbk
Simplifying the dual system As outlined above, at the time of writing, the NCA was reviewing the NCP. An Exposure Draft of the revised NCP was available on the NC...
LeaseholdSystem
in ACTEnvLawHbk
Leasehold system The Commonwealth owns all land in Canberra. Unlike other cities in Australia, Canberra does not have freehold ownership of land; instead, there i...
IntroductionPlanningADualChallenge
in ACTEnvLawHbk
Introduction The introduction of self government for the ACT in 1988 created a situation where the Commonwealth government and the ACT government share responsibi...
EnvironmentAndPlanningLaws
in ACTEnvLawHbk
Environment and planning laws This section summarises the most important Commonwealth and ACT environment and planning laws that apply in the ACT. All of these Ac...
CourtsAndCaseLaw
in ACTEnvLawHbk
Courts and case law Introduction The Australian judicial system consists of a hierarchy of courts. In the ACT the Magistrates Court is at the first level of the ...
SourcesOfLaw
in ACTEnvLawHbk
Sources of law Commonwealth Constitution The ultimate source of law in Australia is the Commonwealth Constitution. It sets out the powers of the Commonwealth and...
AustralianLegalSystem
in ACTEnvLawHbk
Australian legal system Federalism The Australian legal system is based on a federal system of government, with governmental power shared between a central gover...
IntroductionACTLegalFramework
in ACTEnvLawHbk
Introduction This chapter summarises the general framework of the Australian legal system, the sources of Australian law and the processes associated with the cre...
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