The legal basis for environmental planning and governance
In Australia, each state or territory has its own planning and development control legislation, although there are many similarities between the jurisdictions. Rather than attempt to compare and contrast the fine details of the law in each jurisdiction, this chapter draws on some of the underlying themes that pervade planning law throughout Australia. In particular, it examines how three traditional legal doctrines – the separation of powers; the rule of law; and the sanctity of private property rights – have influenced the development of planning law. A selection of case law from different states is used to illustrate how these traditional pillars of legal reasoning have influenced, and continue to influence, the day-to-day administration of planning and development control in Australia. Understanding role of law within Australian planning systems is essential for environmental planners to be able to implement their proposals for protecting and managing biogeochemical systems and processes.
Australian Environmental Planning: Challenges and Future Prospects
Environmental and Natural Resources Law