The Environmental Protection Act 2019 was the first step that was initiated for the protection of environment and making appropriate reforms for the same. It was introduced for the purpose of introducing improvements to the environmental issues and approving a system for the northern territory comparable to other Australian Jurisdictions and in the best practice.
Planning and development Act 2005 is an Act made by the Western Australian Parliament. It lays down specific controls when planning at a metropolitan and local levels as well as making more regulations for the subdivision of land. The Act included all the acts like the Town Planning and Development Act 1928, Metropolitan Region Town Planning Scheme Act 1959 and the Western Planning Commission Act 1985 into a single piece of legislation.
Question No.1: -
The Section also specifies that if a government authority authorizes another person to do an act, the action is not an action.
If the Government is funding for any action, the action will not be considered as an action under this Act. 
In the following case scenario, the actions that are being performed constitutes a project for which development will be done in the form of land clearing, diverting a watercourse, building significant infrastructure including roads, gutter supply, and sewage and fencing. None of the work has been specified by the government or funding provided by them for the same. Therefore, all the tasks that the organization is planning to do for converting the outskirts of Katherine in the Northern Territory will amount to action.
Whenever an assessment is made so the thing that are considered are as follows: -
Section 69 of the act states that the minister may:-
If in any Scenario the minister is rejecting the draft so, according to Section69(2) of the Act, it is the established duty of the minister to publish a report in the public stating the reasons for what the draft had been rejected and should serve a copy of the same to the NT EPA as well as the proponent.
Therefore as per the situation mentioned above, Kathrine will be drafting the proposal for converting her outskirts into commercial property, as per Section 63,64,65 of the environmental protection Act
So, in the following situation, the farmer can convince the minister on the various ground like since he is a farmer so Land clearing could have a negative impact on his wall as well. Since he is farming and farming is an activity which required an adequate amount of water, so diverting a watercourse will reduce water levels in the land, affecting this business and productivity at the same time. Agriculture is an activity which is done at a place way from manmade building and structures. So he can make a draft of the various factors that are affecting him and convince the minister to either review the draft, amend it or he can revoke it.
But, on the contrary, if he is not permitted for the same, he needs to get the description changed. According to Section 72 of the Act, the Local government prepares a scheme with reference to the land within its district. The Scheme should also define the plan and should specify the methods the plan should implement. Section 90 of the Act states that if the minister is not satisfied with the plan, he can recommend an amendment in writing from the month when the report was sent. When the report is sent to the minister he prepares a consolidation in which the amendments are made in the proposal that was rejected and later approval is sought for the same.
Therefore, as per the problem stated even if the plan is not permitted then according to the laws prescribed in the act he has the right to amend it or make corrections as per the requirements and later get it approved by the concerned authority.
Section 174 of the same Act tells the conditions when the land that has been acquired has been affected in a negative way. According to the Section if the land that has been acquired completely or partially acquired:-:-
So, in the following situation also if the local people are thinking that their land is getting used in an ineffective, so they have the right to claim for for compensation. The people deprived can also appeal to the court regarding the same.
Public Interest Litigation:-
PIL is a mode of litigation which is used for the protection of Public Interest. This type of litigation was bought up when only cases of private parties were concerned and matters of mother nature were not concerned. It is the power which is given by the judiciary system to the public that the persons whose rights have been violated can approach the same. The concept of Public Interest Litigation was not defined in any law or statute but now this has been accepted in the judiciary system.
Laws that have been framed address remedies and substantive aspects. Similarly, they should be provided for environmental protection also for conservation and well use of the environment. It includes both public and private resources, natural and cultural aspects, biological and ecological balance. It also includes proper aspects such as EIA( Environmental Impact Assessment) access to information and participation of people in decision making. Laws should also impose duties and rights that are enforceable to the public in regards to environmental protection, judicial review of a situation if harm is caused by the actions of a particular situation and proper compensation for environmental harm. Therefore, in order to save and conserve the environment, there was a need for enforcing Environment Public Interest Litigation.
Public Interest Litigation is litigation that takes place when a case is filed for the welfare of the society and people in a greater way. It is one of the major factors which influence the decision of a public official. It includes bringing a proceeding and claiming that a government official has acted in such a way that the local people are suffering from the same.
PIL helps to prevent, mitigate, and compensate for the harm that has been caused to the environment. It is a well-known and established rule has been used for a range of social policy and campaigns in Australia. As a result of the same, more and more social workers are getting inclined towards PIL for seeking justice.
PIL is intended to receive justice on a greater level where justice for an ample amount of people is involved. PIL plays a crucial role when it comes to environmental protection because the role of litigation in this particular field of social policy has a very strong impact on the judiciary system, PIL being a source of the system of study at various institutions and departments. It is an impelling method for policymakers also because all the matters in which concern of a lot of people is involved, politicians always go to that road.
The purpose of Environment Public Interest Litigation(EPIL) is to guide the local public to raise their voice against environmental issues. It enables the public, volunteers, private, and other sectors to participate as well as take reasonable actions to conserve mother nature. This ligation has been considered quite efficient and effective when sending a warning to polluters and people responsible for environmental destruction. It has been also observed that most NGO's bring up EPIL ( Environment Public Interest Litigation). The biggest obstacle that is faced by environmental litigators is the lack of financial resources. Many courts do not even address the cases if they have the authority to do so because of a lack of interest. Significant actions have been taken and compensation has been paid to the people affected by the damage caused.
These are the ways by which aspects of regulating the conservation, effective, and efficient use of the environmental resource. The court will also make regulations for public and private resources, natural and cultural change, biological and ecological integrity.
When there is public interest litigation, the media plays a very crucial role when the appeals are concerning environmental issues and they sometimes play a very crucial role in changing the decision of the judiciary. In 2015 at the "green welfare" debate in Australia, the federal court challenged a coal mine and it was stated in the debate that public interest Litigation is an important fact that is mostly underestimated and overlooked. It is one factor which should be given utmost importance because a PIL is only filed when a government action or decision is affecting a lot of people. All of the affected people simultaneously file an appeal which is known as a PIL.
Strengths and limitations of Judiciary in responding to climate change
Pollution is increasing at a tremendous rate in the whole universe. The increased amount of CO2 in the atmosphere has caused the degrading of the ozone layer which is directly impacting the climate. Climate change is happening because of pollution and excess amounts of Co2. The human desire to achieve mitigation and adaption to climate change is dependent upon the legal application of environmental rule of law- the framework that protects and sustains nature upon which our life is dependent on.
Environmental courts and tribunals are providing judicial help in the application of environmental rule of law for climate change. With the concept of application of environmental rule of Law, Brazil supreme court Justice Antonio Benjamin and World commission on Environmental law of the International conservation of nature (WCEL/IUCN)Enlighted, what role can a judiciary ply for the conservation of climate change. The importance of the judicial institution to resolve the issues and address the importance of climate change is apparent. Marches have been conducted throughout the world for the conservation of the environment and climate change. Not only the judicial system many leaders from political-economic, scientific, and religious sectors for addressing the impact of environmental pollution on climate change. The capacity of the judiciary to emphasize the impact of climate change in regards to environmental law is taking place in a much stronger, effective, and efficient way. Contemporary issues are arising which are motivating judges to resolve the rapid onset of climate change by the means of evolved environmental rule of laws.
Public trust, the principle of prevention, the right to live in a clean and healthy environment, the polluter pays, and the theory of "danger creation" is the propitious progeny of many legal devices. Environmental law has been applied by environmental judged to address emerging environmental science and the impact of large-scale industrial pollution of air, land, and water. The evolution of environmental rule of law from engaging legal instruments will accelerate as the issue of carbon-induced global warming will grow.
Proper implementation of environmental law and its understanding will help in achieving decision making as global warming is threatening nature as a whole. UN environment on environmental courts has been always applying the rule as society is continuously facing the problem of climate change and global warming. Two of the world's largest producers of carbon dioxide India and China have made extensive court systems to supply judges with proper knowledge of environmental law and related concepts. The strong support of environmental courts that have been shown by the UN is remarkable. Climate change litigation that is practiced in the United States has recently bought judicial attention on the matter in which a group of children argued that the United Nations is causing them harm as they are not acting efficiently for climate protection.
Global Judicial Institute on the Environment (GJIE) Is an organization that is formed with the motive of strengthening the knowledge and vital of judged who decide the plight of those who approach the court for relief from Global warming issues. Judges must decide on the matter in which courts relief from Global warming. Any judge who applies environmental rule of law possesses GJIE as a resource. It will be a duty of judicial colleagues who are decision-makers in the problem of global warming litigation. Proper global communication between judges and environmentalists is required for the proper functioning of environmental rule of law.
According to Posner and Sustain, environmental concern is a matter on which immediate actions have to be taken and if there is an international agreement for the implementation of the same. It would be a matter for the world's interest and either worldwide taxation of consumption of levels of carbon and cap-and-trade program will be the most suitable in the following situation.
Legal standing in the structure of climate change is nondescript. All of the resources of the environment are for public consumption. Sustainable society protects the interest of an individual by its importance because of contamination in the atmosphere.
From a judiciary point of view, the problem of climate change fits in the justice model because the effect of tort like thinking wold come in force to many people, who have not acted in a negative way, taken corrective measures for the protection of the environment and because of other activities innocents are the one suffering.
In the case of Urgenda Netherlands, it has been framed that environmental lawyers should motivate other lawyers of different countries that pursuing a career in the field of environmental litigation is has a good scope for future point of view. Sometimes is difficult for the judiciary to make it happen, but effective government plans can surely help in the implementation of the same.
Judgments that have been delivered for climate change have been always appreciating and they have effectively contributed in serving 'Cosmopolitan Justice'. The judiciary has embedded in the struggle to prevent the earth from reaching the maximum level of global warming identified by 197 countries in the protection of the human race. The decision should be based on rapid science and a complete understanding of judicial proceeding. Normal Citizens of our society, male and female who act as judges have the duty to decide on the matters in which the rule of environmental law will be applicable. The most important issue is still facing humanity should be greatly empowered by instruction, support, contrition, and collaboration of environmental courts and the Global Judicial Institute on the Environment.
Laws and Statutes
Papers and Others
Remember, at the center of any academic work, lies clarity and evidence. Should you need further assistance, do look up to our Law Assignment Help
Proofreading and Editing$9.00Per Page
Consultation with Expert$35.00Per Hour
Live Session 1-on-1$40.00Per 30 min.
Doing your Assignment with our resources is simple, take Expert assistance to ensure HD Grades. Here you Go....