Category: Environment and planning law

Sorry, not sorry: the operation of WA’s Aboriginal Heritage Act

BY JOHN SOUTHALAN

Western Australia’s Aboriginal Heritage Act (the Act) has the stated aim to provide for ‘the preservation, on behalf of the community, of places…traditional to the original inhabitants of Australia’. However, the Act’s use has facilitated the … Read the rest

Clive Palmer takes a sovereign risk challenging the authority of WA Parliament

BY NATALIE BROWN

This is the second post AUSPUBLAW is publishing on the Palmer Act. The first post provides an overview of the legislation and its background.

 On 13 August 2020, the Western Australian Parliament amended the Mineralogy State AgreementRead the rest

Climate change and human rights under the Australian Charters

BY KENT BLORE

Late last year, the Dutch case of Urgenda made international headlines when the Dutch Supreme Court found its government in breach of the rights to life and privacy for failing to scale up its emissions reductions targets … Read the rest

Climate change and human rights to collide before the United Nations Human Rights Committee

BY EBONY BACK AND REBECCA LUCAS

Introduction

There has been a spate of legal actions (both domestic and international) around the world in the past few years attempting to hold governments accountable for their inaction on climate change and the … Read the rest

Judicial Review and Inferences about Briefing Notes

BY MATT FLORO AND JASPER BROWN

Briefing notes play a significant role in the formation of a statutory decision-maker’s opinion. If it can be inferred that a statutory decision-maker read and considered a briefing note together with the attachments to … Read the rest

Wrong place, wrong time: The next logical step in environmental, planning and climate change jurisprudence

BY MATT FLORO AND JASPER BROWN

On 8 February 2019, Chief Judge Preston of the NSW Land and Environment Court (LEC) handed down his landmark decision in Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7 (… Read the rest

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