Environmental Law Australia

The Common Law

The Common Law is the law created by decisions of judges, which act as binding precedents for later decisions. It is a system that applies in many countries that inherited their legal system from England. Countries that inherited their legal system from France, which has a system known as “Civil Law” dating from Napoleonic times, […]

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Relationship between international and Australian domestic law

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Theory vs practice

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Courts and tribunals

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Government departments

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Introduction

This eBook is currently under construction and planned for completion by the end of 2017. Click the ‘Book Contents’ at right to display the contents. Sections and legislation will continue to be added in coming months. When completed this eBook aims to provide a simple explanation of the major pieces of the Australian environmental legal […]

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State and Territory environmental law

The six States and two mainland Territories in Australia play a major role in the Australian environmental legal system. This part looks at the main pieces of the environmental legal system in the States and Territories. The ∼560 local governments in Australia are created under State and Territory laws and perform important roles in the […]

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Underlying theories and assumptions

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The scrambled egg of government

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Thinking about environmental law

Traditional categories The traditional and still most common method of describing an environmental legal system is to group its various parts in categories such as “pollution law”, “cultural heritage” or “environmental impact assessment”.1 The main problem with thinking about an environmental legal system in this way is that many modern environmental laws and modern environmental […]

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A green safety net

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Introduction to the Australian environmental legal system

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An overview of the Australian environmental legal system

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Structure of this eBook

This eBook begins by defining an environmental legal system and explaining its basic structure, terms, concepts, institutions and obligations. The four levels of the Australian environmental legal system are then explained: International law Commonwealth (Federal or Australian) law State and Territory law and the Common Law Within each level the main laws are summarised in […]

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