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  • Environmental Courts in the 21st Century Environment · 2005. 7. 19. · Environmental Courts in the 21st Century Environment The Honourable Justice Dennis A Cowdroy OAM Land and
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Environmental Courts in the 21 st Century Environment The Honourable Justice Dennis A The Honourable Justice Dennis A Cowdroy Cowdroy OAM OAM Land and Environment Court Land and Environment Court New South Wales New South Wales

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  • Environmental Courts in the 21st Century Environment

    The Honourable Justice Dennis A The Honourable Justice Dennis A CowdroyCowdroy OAMOAMLand and Environment CourtLand and Environment Court

    New South WalesNew South Wales

  • Australia

  • Sydney Harbour

    The natural and built environment of Sydney Harbour

  • The Legal System New South Wales

    Supreme Courtof NSW

    Land and EnvironmentCourt of NSW

    Compensation Courtof NSW

    Industrial RelationsCommission of NSW

    Supreme Court of NSWCourt of Appeal

    High Court of Australia

  • Sydney Harbour

    The natural and built environment of Sydney Harbour

  • Composition of the Court

    7 judges7 judges10 commissioners qualified as:10 commissioners qualified as:

    Town plannersTown plannersEnvironmental scientistsEnvironmental scientistsLand valuersLand valuersArchitects or engineers, orArchitects or engineers, orNatural resource managersNatural resource managers

  • Jurisdiction of the Court

    Classes 1Classes 1--3 involve merits review of 3 involve merits review of decisionsdecisionsClass 4 involves judicial review of Class 4 involves judicial review of government decisions, to make sure they government decisions, to make sure they have been made lawfullyhave been made lawfullyClasses 5Classes 5--7 involve criminal prosecution for 7 involve criminal prosecution for environmental offencesenvironmental offences

  • Jurisdiction of the Court

    Over 50 enactments provide the Court with Over 50 enactments provide the Court with its subject matter jurisdictionits subject matter jurisdictionMajor areas of the Court’s work include:Major areas of the Court’s work include:

    Development

    Urban and rural planning

    Pollution and other environmental offences

    Heritage

    Fauna

    Flora

    National Parks

    Water resources

  • Development – Central Sydney planning

    Sydney Central Business District

  • Development - coastline

    Byron Bay, New South Wales

  • Environmental Offences

    Oil discharge into the waters of Sydney Harbour by the Laura D’Amato

  • Environmental Offences

    Unauthorised clearing of natural vegetation

    Snowy Mountains, New South Wales

  • Heritage – Adaptive ReuseFormer General Post Office of Sydney

    now the Westin Hotel

  • Heritage Protection …

    Colonial farm house, Campbelltown near Sydney in 1995 before development of site

  • … and Development

    The site after development following approval by a local authority

  • Protection of Australian Native fauna

    Rainbow Lorikeet

    Frilled neck lizard

    Platypus

  • Protection of Australian Native flora

    Banksia Gymea Lily

  • National Parks

    The Three Sisters, Blue Mountains

    World Heritage List

  • National Parks

    Sawn Rocks

    Mt Kaputar National Park, New South Wales

  • National Parks

    Carrington Falls

  • National Parks

  • Innovative Court procedures

    Open standingOpen standing

    Expert evidenceExpert evidence

    Concurrent evidenceConcurrent evidenceCourtCourt--appointed expertsappointed experts

    OnOn--site hearingssite hearings

    Remediation ordersRemediation orders

  • Case Study - Water

  • Comparative Rainfall

    9309301,6301,630S AmericaS America340340660660N AmericaN America250250640640EuropeEurope5757465465AUSTRALIAAUSTRALIA290290600600AsiaAsia260260690690AfricaAfrica

    Average Average runoff (mm)runoff (mm)

    Average Average Rainfall Rainfall (mm)(mm)

    ContinentContinent

    Source: Australian Bureau of Statistics

  • River systems of Australia

  • Rivers of Australia

    Wetlands in New South Wales

  • Australian Water FundThree new programmes:Three new programmes:

    Water Smart Australia Water Smart Australia –– grants for grants for technological investment to improve water technological investment to improve water usage efficiencyusage efficiencyImproved monitoring and measuring of water Improved monitoring and measuring of water usageusageWELS Scheme WELS Scheme –– water efficiency labelling water efficiency labelling on domestic applianceson domestic appliances

  • Lake Eyre

    Lake Eyre salt lakearea 9,500 sq km

  • River systems in New South Wales

  • River systems in Australia

    Wetlands in the Murray-Darling

  • New South Wales legislation

    Water Management Acts 2000 and 2004Water Management Acts 2000 and 2004New water access licences issued which New water access licences issued which are separate from land rightsare separate from land rightsAllocations of water for the environmentAllocations of water for the environmentWater access licences can be tradedWater access licences can be tradedPreservation of catchmentsPreservation of catchments

  • Rivers of New South Wales

  • Rivers of New South Wales

    The Clarence River in northern New South Wales

  • Rivers of New South Wales

    Woodford DamBlue Mountains, west of Sydney

  • Environmental Courts for the 21st Century Environment

    Environmental Courts in the 21st Century EnvironmentAustraliaSydney HarbourThe Legal System New South WalesSydney HarbourComposition of the CourtJurisdiction of the CourtJurisdiction of the CourtDevelopment – Central Sydney planningDevelopment - coastlineEnvironmental OffencesEnvironmental OffencesHeritage – Adaptive ReuseHeritage Protection …… and DevelopmentProtection of Australian Native faunaProtection of Australian Native floraNational ParksNational ParksNational ParksNational ParksInnovative Court proceduresCase Study - WaterComparative RainfallRiver systems of AustraliaRivers of AustraliaAustralian Water FundLake EyreRiver systems in New South WalesRiver systems in AustraliaNew South Wales legislationRivers of New South WalesRivers of New South WalesRivers of New South WalesEnvironmental Courts for the 21st Century Environment


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