LAWS20009 Lecture Notes - Lecture 2: Local Government Areas Of Victoria, Heavy Mineral Sands Ore Deposits, United Nations Conference On Sustainable Development

50 views3 pages
Department
Course
Professor
LECTURE 2: POWERS, DUTIES & RIGHTS IN ENVIRONMENTAL
LAW
KEY CONCEPTS
Concept
Explanation
Powers
Capacity to make and enforce decisions upon others
Rights (Fisher)
Liberty Rights
Capacity to act, without consequence, within the standards set by those with power
Rights (per Sax)
Claim Rights
A legal privilege that places responsibilities or duties on another regarding their actions
towards the rights-holder used in human rights
Duties/ Obligations/
Responsibilities/ Liabilities
Imposition of a power-maker’s standard that requires compliance
Terms can be conflated for the purpose of this subject
Legal Personality
Could be better described as ‘legal personhood’ can give non-humans personhood
Standing
The ability to have your rights recognised in this legal matter, idea that you can sue in your
own name (enforce your own rights)
States
Nations a nation state, not an Australian state
WHO HAS THE POWER TO MAKE ENVIRONMENTAL LAWS?
By design, the power to make environmental laws is separate from the power to enforce environmental laws separation
of powers
Primarily, environmental laws are made by the Parliament state and Commonwealth Parliaments (division of powers)
Local Government
Local Councils: ‘A Council may make local laws for or with respect to any act, matter or thing in respect of which the Council
has a function or power under this or any other Act’
o Section 111(1) of the Local Government Act 1989 (Vic)
Municipal Council: ‘A Municipal Council may do all things necessary or with respect to any act, matter or thing in respect of
which the Council has a function or power under this or any other Act’
o Sections 8A and 12(3) of the Planning and Environment Act 1987 (Vic)
State Parliament
Victoria: The parliament shall have power to make laws in and for Victoria in all cases
whatsoever’
o Section 16 of the Constitution Act 1975 (Vic)
Commonwealth Parliament
Can only make laws under the list of powers contained in Section 51 of the Australian Constitution: separates state &
Commonwealth Government power
Conflict between State & Federal Laws: if the Commonwealth has the power to legislate, then Commonwealth Laws prevail
Section 109
Power can also be limited by the Constitution
WHO HAS THE POWER TO ENFORCE ENVIRONMENTAL LAWS?
Given to the executive people who form the government (separate from parliament)
Power to enforce is limited to what they’ve been given
In VIC: primary body is the EPA, limited scope only focus on pollution
Power to enforce environmental law
Executive Bodies:
o Ministers
o Departments
o Environmental Protection Authority
Power delegated by respective Parliaments
Power limited by what is grated by Parliament
Some environmental laws which create duties or liabilities also give
relevant government authority the power to enforce those rules
o Environmental Protection Act 1970 (Vic)
In some circumstance people, corporations or groups can enforce environmental law
3 Roles of the Courts
Create environmental laws through their
judgements (precedent) due to
Common Law legal system of Australia
Enforce environmental laws through their
judgements
Responsible for making sure that
parliaments & governments stay within
their lawful authority under the
Constitution & Acts of Parliament
The states have the widest
power to make
environmental law within
Australia
Unlock document

This preview shows page 1 of the document.
Unlock all 3 pages and 3 million more documents.

Already have an account? Log in

Document Summary

Lecture 2: powers, duties & rights in environmental. Capacity to make and enforce decisions upon others. Capacity to act, without consequence, within the standards set by those with power: a legal privilege that places responsibilities or duties on another regarding their actions towards the rights-holder used in human rights. Imposition of a power-(cid:373)ake(cid:396)(cid:859)s sta(cid:374)da(cid:396)d that (cid:396)e(cid:395)ui(cid:396)es (cid:272)o(cid:373)plia(cid:374)(cid:272)e. Terms can be conflated for the purpose of this subject. Could (cid:271)e (cid:271)ette(cid:396) des(cid:272)(cid:396)i(cid:271)ed as (cid:858)legal pe(cid:396)so(cid:374)hood(cid:859) can give non-humans personhood. The ability to have your rights recognised in this legal matter, idea that you can sue in your own name (enforce your own rights: nations a nation state, not an australian state. Who has the power to make environmental laws: by design, the power to make environmental laws is separate from the power to enforce environmental laws separation of powers. Primarily, environmental laws are made by the parliament state and commonwealth parliaments (division of powers)

Get access

Grade+20% off
$8 USD/m$10 USD/m
Billed $96 USD annually
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
40 Verified Answers
Class+
$8 USD/m
Billed $96 USD annually
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
30 Verified Answers

Related Documents