16632 Lecture Notes - Lecture 3: Environmental Planning, Constitution Of Australia, Environment Court Of New Zealand
Document Summary
The court explains the rules governing the actions of councils and government. Failure to comply may see e. g. your development consent declared invalid. They are an independent arbiter of disputes, and politions need to understand and respect their non-partisa(cid:374) role. (cid:859) Courts make decisions on the basis of the legislation they are charged to interpret and the facts of each individual case before them. Legislation imposes strict conditions on developments such as coal mines and the courts task i(cid:374) these circu(cid:373)sta(cid:374)ces is to scruti(cid:374)ise the e(cid:454)ecuti(cid:448)e(cid:859)s actio(cid:374)s to e(cid:374)sure that any approvals fall within legislative parameters. Section 51: sets out areas of power conferred on the australian parliament, does not include, in terms, environment and planning (therefore in compass of nsw parliament. Nsw environmental planning laws may apply to commonwealth places or actions: commonwealth places (application of laws) act 1970 of the commonwealth, commonwealth places (administration of laws) act 1970.