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Law Assignment Cover Sheet

Please complete all of the following details and then make this sheet the first page of each file of your
assignment. Do not send this cover sheet as a separate document.

Your assignments must be submitted as a Microsoft Word document (.doc or .docx). DO NOT submit in either text documents
(.rtf) or PDF. Please read the Rules Concerning all Law Assessment (located in the assessment help folder in the learning
site) before submitting your assignment.

Student Name: Ross Westwood

Student ID Number: 22815736
Unit Name: Legal Process
Unit Code: 1001
Unit Assessor’s name: Mr Aiden Ricketts
Assignment Number: 2
Assignment Title/Option Chosen: Reflective Writing Assessment
Word Count (Please check the Microsoft My assignment is words
Word Count pop up box in Review or Tools):
Due date: 10 May 2021
Date submitted:
Extension approved: Yes ☐ to / / (Please attach No ☐
approval)
Phone Number: 0481318294
Declaration:
I have read and understood the Rules - Student Academic Misconduct and Non-
Academic Misconduct Rules (Sections 2 and 3)
(http://policies.scu.edu.au/view.current.php?id=00141#s1). I understand the
penalties that apply for academic misconduct (including cheating, collusion,
plagiarism, and recycling) and agree to be bound by these Rules. The work I am
submitting electronically is entirely my own work.

Signed:
(please type your name)
Date:
What is the percentage of matched text % of my submission matches
shown on the originality report?* sources held in the database.

Please provide a brief explanation about

the nature of the matched-text that will
help your unit assessor understand the
percentage of matched text. For
example:
13% of the 21% of matched text is the
coversheet. 8% relates to the citations
of articles that all students are using in
this assessment.
Quotes are showing as matched text
however all quotations have been
properly referenced.

22815736 Ross Westwood

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Environmental Law

Environmental law is a collective term encompassing aspects of the law that provide protection to the
environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental
legal principles, focus on the management of specific natural resources, such as forests, minerals, or
fisheries.

A proposal for a coal seam gas development at Narrabri, in northern New South Wales, has won final
approval from state authorities subject to what they described as stringent conditions.

The state’s independent planning commission announced on Wednesday a “phased approval” under
which the controversial $3.6bn project proposed by the oil and gas company Santos must meet specific
requirements at each stage of development before it can proceed.1

It imposed 134 conditions and did not approve some elements of the proposal, including the construction
of a gas-fired power station at Leewood, a workers’ accommodation building and some infrastructure that
would allow gas flaring.Santos said it accepted the conditions and would move ahead with the project,
which is seen as central to the Morrison government’s push for a “gas-fired recovery” from the Covid-19
recession.If developed in full, it would involve up to 850 coal seam gas wells being drilled on 1,000
hectares of a 95,000-hectare site that includes Pilliga forest and nearby grazing land. Santos says it could
provide up to 200 terajoules of gas a day for domestic use for 20 years, equivalent to 50% of NSW
demand.

Environmental Impacts

The planning commission heard evidence from hundreds of people and groups, most of them opposed.
Objections included that it could damage groundwater relied on for agriculture, lead to a loss of pressure
in the Great Artesian Basin, affect biodiversity in the Pilliga forest and release substantial greenhouse gas
emissions at odds with Australia’s commitment to the Paris climate agreement.

he panel of three commissioners assessing the proposal – Stephen O’Connor, John Hann and Prof Snow
Barlow – said the phased approval would cover four stages of development – appraisal, construction,
production and rehabilitation. They found the project was likely to provide “a net economic benefit for
the local community, region and state”.2
1
En.wikipedia.org. 2021. Environmental law - Wikipedia. [online] Available at:
<https://en.wikipedia.org/wiki/Environmental_regulations> [Accessed 20 April 2021].
2
the Guardian. 2021. NSW planning commission approves $3.6bn Narrabri gas project in state's north. [online]
Available at: <https://www.theguardian.com/australia-news/2020/sep/30/nsw-planning-commission-approves-
36bn-narrabri-gas-project-in-states-north> [Accessed 20 April 2021].
22815736 Ross Westwood
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Topic 1

Climate Change Law and Climate Change Litigation

Climate Change Law, the first volume of the Elgar Encyclopedia of Environmental Law, provides a guide
to the rapidly evolving body of legal scholarship relating to climate change. This book focuses on
concepts that are of concern to researchers, students and policymakers rather than on the details of
national legislation. It provides a comprehensive discussion, with more than 50 structured entries
developed by experts from across the world. The coverage sets mitigation and adaptation issues in their
wider context, using both international and national perspectives. The core topics include the difficulty of
setting up a coherent international treaty approach, the importance of national and subnational legal
action, the potential role of international and national courts, and the importance of human rights and
environmental justice.3

Topic 2

Environment Protection and Biodiversity Conservation Act 1999

Environmental protection is the practice of protecting the natural environment by individuals,

organizations and governments. Due to the pressures of overconsumption, population growth and
technology, the biophysical environment is being degraded, sometimes permanently. The Environment
Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the Australian Government’s
environmental legislation. It covers environmental assessment and approvals, protects significant
biodiversity and integrates the management of important natural and cultural places.

If a new project on your farm is likely to have a significant impact on a matter of National Environmental
Significance (such as a threatened native grassland, marine park or threatened species) you’ll need to
refer the matter to the Australian Government Department of the Environment and Energy.

3
Amazon.com. 2021. [online] Available at: <https://www.amazon.com/Climate-Change-Elgar-Encyclopedia-
Environmental/dp/1783477601> [Accessed 20 April 2021].
22815736 Ross Westwood
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Topic 3

Planning Law in New South Wales

The two sources of law in Australia are legislation (law made by Parliament) and common law (judge-
made law, or case law).4

Legislation

Legislation is the main source of environmental law in Australia. Legislation (also called statute or
statutory law) refers to the Acts and Regulations which are made by State or Australian Parliaments.

Legislation sets out the powers and processes by which Ministers, Government Departments and local
councils must make decisions about the environment. Legislation also sets out the enforcement powers
and penalties for breaching environmental laws.

Legislation can empower other public authorities to prepare plans and policies about the environment,
such as enabling local councils to prepare local environmental plans (LEPs).

Most environmental law in NSW is made by the State Government. This legislation covers a range of
environmental issues such as native vegetation management, water management, the protection of
threatened species and native species, protected areas, Aboriginal cultural heritage, bush fire
management, pest and weed control, planning and development assessment, just to name a few.

To access NSW legislation, including all State and Local Environmental Plans in NSW, visit the NSW
Legislation website.

Strictly speaking, international environmental treaties and conventions are not a source of environmental
law in Australia unless they have been recognized through domestic legislation. Even if an international
treaty or convention has been signed or ratified by Australia it is not enforceable until domestic
legislation has been passed by Parliament. To find out more about international environmental law as a
source of law, see our Fact Sheet on Commonwealth threatened species law. To find the text of

4
Environmental Defenders Office. 2021. How to Have Your Say in NSW - Environmental Defenders Office. [online]
Available at: <https://www.edo.org.au/publication/how-to-have-your-say-in-nsw/> [Accessed 20 April 2021].
22815736 Ross Westwood
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international treaties and conventions, visit the Australian Government Department of Foreign Affairs and
Trade website.

Common law

The common law is also part of environmental law. Common law is made by the courts. It is sometimes
called judge-made law, or case law.

Under our common law system, the role of the courts is to:

 settle disputes about what legislation means in practice by interpreting the legislation;
 settle common law interferences such as nuisance; and
 determine whether there has been a breach of the law and, if so, to decide on the appropriate
penalty or remedy.

The decision of a court, known as a judgment, can form a precedent which other courts at the same or
lower level must follow.

Access Federal Court and High Court judgments.

Working out what the relevant environmental law is for a particular problem can be complicated. It may
involve a two-step process of identifying the correct piece of legislation, and then finding out how the
courts have applied that legislation. There may be several pieces of legislation that apply to a particular
problem. For more information about environmental laws, see EDO’s Fact Sheets.5

This project has been assisted by the New South Wales Government through its Environmental Trust.

5
Environmental Defenders Office. 2021. Who are the decision-makers in NSW? - Environmental Defenders Office.
[online] Available at: <https://www.edo.org.au/publication/who-are-the-decision-makers-in-nsw/> [Accessed 20 April
2021].
22815736 Ross Westwood
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Topic 4
Development Control Processes

ABSTRACT
Development control involves a complex process and tedious procedures. The due consideration given to
an application for planning requires a tedious process, as it will have to go through several committees
and technical evaluations. Generally, a planning application will be assessed in terms of current
development scenario, land information, planning requirements and planning design. Development
control and approval, which involves the process of analyzing the appropriateness of planning
applications, requires various data from the relevant agencies. Apparently, an information system is
necessary not only to keep and display data pertaining to planning application for the purpose of
administrative functions but should also be designed to facilitate planning at strategic level. The step
taken by the Urban Planning Department (JPRB), City Hall of Kuala Lumpur (CHKL) through the
development of an integrated development control system is seen as an innovative approach to urban
planning. The system was designed to cover all the necessary work process involved in development
control and approval supported by Geographical Information System (GIS) application. The developed
system which integrates seven sub systems including planning authorization, building control,
enforcement, geospatial and planning information, information kiosk, meeting presentation and
documentation processing, incorporates the use of GIS for planning and monitoring purposes. With its
powerful capacity for spatial data management, spatial analysis, and visualization, GIS provides planners
with tools to implement their work more efficiently especially with support of the interactive and user-
friendly interface developed to ease the use of the sophisticated system without the need of advanced
technical skill. The system will be able to support planning and decision making because it offers
relatively quick response to analytical questions and monitoring issues.6

Introduction
Local authorities are the key players in the planning process, as decision makers and also as service-
providers. Development control was an activity to determine how GIS IN DEVELOPMENT CONTROL
PROCESS 44 planning principles should be applied (Zainol, 2000). The local authority is expected to
also perform include a) provides infrastructure for the efficient operation of cities; b) provides services

6
studylib.net. 2021. GIS IN DEVELOPMENT CONTROL PROCESS: THE CASE OF DEVELOPMENT CONTROL.
[online] Available at: <https://studylib.net/doc/14592955/gis-in-development-control-process--the-case-of-
developme...> [Accessed 20 April 2021].
22815736 Ross Westwood
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which develop human resources, improves productivity and raises the standard of living of residents; c)
regulates private services that affect community welfare and the health and safety of the urban population;
and d) provides services and facilities that support productive activities and allow private enterprise to
operate efficiently. Given the dynamic nature of planning and management carried out at local level, it is
not surprising that the local authorities become one of the largest users of GIS in advanced and developed
countries. In Malaysia, only a small number of District Councils and Municipalities have already invested
in GIS. However, the previous reluctance of local authorities to accept the challenge to embrace the
technology due mainly to lack of support from the management level, the lack of in-house expertise to
make use of the system and the high cost of GIS has been countered by the support given directly by the
Federal Government in realizing the concept of planning. This is a positive sign of moving towards a
more transparent planning approach apart from building up a more efficient government as the
implementation of e-planning would very much speed up the overall conventional planning process. The
step taken by the Urban Planning Department (JPRB), The system was designed to cover all the necessary
work process involved in development control and approval supported by GIS application. 7

Issues in Development Control Process

Development control and approval, which involves the process of analysing the appropriateness of
planning applications, requires various data from the relevant agencies. A planning application will be
assessed in terms of current development scenario, land information, planning requirements and planning
design (Yaakup et al., 2002a). Consideration given to an application requires a tedious process, as it will
have to go through several committees and technical evaluation. This raised a number of drawbacks as
follows:
I. Delay related to the overall process of development control process and procedures. This may be
divided into (a) consultation-caused; (b) planning committee-caused and (c) applicant-caused.
II. Lack of consistency in making decisions due to personal judgment and lack of comprehensive
information.
III. Lack of transparency in decision-making process. Transparency means that decisions taken and
their enforcement are done in a manner that follows rules and regulations. It also means that
information is freely available and directly accessible to those who will be affected by such
decision and by enforcement. It also means that the information provided is in easily
understandable forms and media.
IV. Lack of updated information. This is due to difficulties in obtaining specific data, as data
exchange mechanisms are not fully automated to facilitate cooperation between data holders.
7
Core.ac.uk. 2021. GIS in development control process: The case of development control system for City Hall of
Kuala Lumpur. [online] Available at: <https://core.ac.uk/download/pdf/11779880.pdf> [Accessed 20 April 2021].
22815736 Ross Westwood
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Topic 5
Environmental Impact Assessment Process Under That Act

Environmental Impact Assessment

Environmental Impact Assessment (EIA) means ‘an environmental study comprising collection of data,
prediction of qualitative and quantitative impacts, comparison of alternatives, evaluation of preventative,
mitigating and compensatory measures, formulation of environmental management and training plans and
monitoring arrangements, and framing recommendations and such other components as may be
prescribed’ (as set out in the Definitions, Section 2 of the Environmental Protection Act 1997). To
prepare an EIA it is necessary to provide a systematic identification and evaluation of potential impacts
(effects) of a proposed infrastructure or any other development project on the environment, by examining
the physical-chemical, biological, cultural, and socioeconomic components. The primary purpose of an
EIA is to provide decision makers and the public with information on the potential consequences of the
project for the environment. The duty of the Environmental Protection Agency (EPA) is to safeguard the
environment from adverse effects of a proposed project and it is the duty of the proponent of the project
to provide the EIA to the EPA prior to commencing a development proposal.8

If the EIA process is successful, it defines alternatives and mitigation measures to reduce the
environmental impact of a planned project. While negative environmental impacts can be made apparent
through an EIA, the process does not guarantee that the project will be modified or even rejected due to
that. While the EIA process ensures an informed decision, it may not turn out to be an environmentally-
beneficial decision. For example, an EIA approval may result in the degradation of an environmentally
sensitive area, if the proponent fails to implement the Environmental Management Plans in a proper
manner. Such non-compliance should be followed up by the EPA as part of its monitoring
responsibilities.

8
Core.ac.uk. 2021. [online] Available at: <https://core.ac.uk/download/pdf/11779438.pdf> [Accessed 20 April 2021].
22815736 Ross Westwood