Australian Capital Territory Environmental Law Handbook

ACT Environmental Law Handbook

Edited by Camilla Taylor

Note: The information contained herein is a replication of the printed EDO ACT Environmental Handbook. It is current as at 8 October 2015. These chapters seek to provide general information only, and are not a substitute for legal advice on individual cases. This Handbook may be updated from time to time. More information can be found on the Project page.

• Preface
• Acknowledgements

ACT legal framework

• Introduction
• Australian legal system
• Sources of law
• Parliament and legislation
• Courts and case law
• Environment and planning laws

Planning - a dual challenge

• Introduction
• Leasehold system
• Commonwealth planning responsibility
• The Territory’s planning responsibility
• Simplifying the dual system

Development approval

• Introduction
• Development applications to the NCA
• Development applications to ACTPLA
• Assessable developments
• Assessment tracks
• Development approvals
• Review of development approvals

Environment Impact Assessment

• Introduction
• ACT legislation
• Assessment of strategic level planning
• Assessment of development proposals
• Commonwealth EPBC Act
• Conclusion

Biodiversity conservation

• Introduction
• Mechanisms for protecting biodiversity
• Nature Conservation Act 2014
• Identifying species and communities at risk
• Protecting biodiversity
• Commonwealth legislation
• Conclusion

Protecting our trees

• Introduction
• Tree Protection Act 2005
• Protecting trees under the Act
• Other protection mechanisms
• Trees not protected under the Tree Protection Act
• Trees on national land and designated areas
• Neighbours’ trees

Public land

• Introduction
• Identification of public land
• Types of public land
• Management Objectives
• Management Plans
• Offences on public land
• Activities declarations on reserves
• Licences and leases over public land
• ACT Indigenous protected areas
• Opportunities for public involvement

Protecting our water

• Introduction
• Water Resources Act 2007 (ACT)
• Water Resources Regulation 2007
• Enforcement of the Water Resources Act
• Other legislation and instruments (ACT)

Heritage protection

• Introduction
• ACT heritage protection
• Commonwealth heritage protection
• Conclusion

Stopping environmental harm

• Introduction
• Environment Protection Act 1997
• Review in ACAT or the ACT Supreme Court
• Human Right Act 2004 and environment related rights

Sustainability

• Introduction
• Sustainability and the law
• Sustainability in ACT planning law
• Water and sustainability law
• Climate change and the law
• Conclusion

Taking action

• Introduction
• Finding like-minded people
• Access to information
• Legal remedies
• Risks of speaking out - defamation
• Risks of taking action - criminal charges
• Conclusion

Contacts

• Contacts