You are here: ACTEnvLawHbk » WebChanges

500 recent changes in ACTEnvLawHbk Web retrieved at 01:29 (AEDT)

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...
ACTLawHbkWebBottomBar in ACTEnvLawHbk
ACTLawHbkWebBottomBar Default ACTLawHbkWebBottomBar component. Please do not modify. Use .ACTLawHbkWebBottomBar instead. %IF{"'' ingroup 'AdminGroup'" then=' ...
WebBottomBar in ACTEnvLawHbk
WebBottomBar Default WebBottomBar component. Please do not modify. Use .WebBottomBar instead. %IF{"'' ingroup 'AdminGroup'" then=' %FORMATLIST{ "%FLEXWEBL...
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): ...
WebPreferences in ACTEnvLawHbk
ACTEnvLawHbk Web Preferences Appearance * Set WEBBGCOLOR = #efefef * web specific background color, current color * Set SITEMAPLIST = off * s...
System 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 ‘...
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...
LicencesAndLeasesOverPublicLand in ACTEnvLawHbk
Licences and leases over public land Licences over public land Chapter 11 of the Nature Conservation Act establishes a number of nature conservation licences tha...
ActivitiesDeclarationsOnReserves in ACTEnvLawHbk
Activities declarations on reserves Activities declaration The conservator has powers under the Nature Conservation Act to make an activities declaration to eith...
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...
ManagementObjectives in ACTEnvLawHbk
Management objectives Section 315 of the Planning Act sets out the specific purposes for which public land may be used (see list above). Each of these purposes ha...
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...
IdentificationOfPublicLand in ACTEnvLawHbk
Identification of public land Public land is identified in the Territory Plan (‘TP’). As described in Chapter 2 of this Handbook, the Planning and Development Act...
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...
TreeProtectionAct2005 in ACTEnvLawHbk
Tree Protection Act 2005 The Tree Protection Act introduces the concept of ‘protected trees’ and seeks to provide tree protection through the establishment of: ...
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...
CommonwealthLegislation in ACTEnvLawHbk
Commonwealth legislation The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (‘EPBC Act’) is the most significant Commonwealth legislation rel...
NatureConservationAct2014 in ACTEnvLawHbk
Nature Conservation Act 2014 Introduction The recently enacted Nature Conservation Act 2014 (‘Nature Conservation Act’) aims to ‘protect, conserve and enhance th...
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...
ConclusionEnvironmentImpactAssessment in ACTEnvLawHbk
Conclusion Activities that impact on the environment in the ACT may require assessment under either the ACT legislation or the Commonwealth EPBC Act or both. Both...
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...
ACTLegislation in ACTEnvLawHbk
ACT legislation Introduction Commencing operation in March 2008, the Planning Act replaced the Land (Planning and Environment) Act 1991 (ACT) (‘Land Act’). Plann...
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...
WebAtom in ACTEnvLawHbk
AustLII Communities's ACTEnvLawHbk web
WebLeftBar in ACTEnvLawHbk
" warn="off"}% * ** * * * * * * * *
WebNotify in ACTEnvLawHbk
* .WikiGuest
WebRss in ACTEnvLawHbk
" else="AustLII Communities's ACTEnvLawHbk web"}% /ACTEnvLawHbk
93 topic(s) found

See also: rss-small RSS feed, recent changes with 50, 100, 200, 500, 1000 topics, all changes

This site is powered by FoswikiCopyright © by the contributing authors. All material on this collaboration platform is the property of the contributing authors.
Ideas, requests, problems regarding AustLII Communities? Send feedback
This website is using cookies. More info. That's Fine