The applicant sought orders under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 that the respondent, a neighbouring childcare centre, prune vegetation along their common boundary in order to restore sunlight.

The court upheld the application in part, ordering that each year in the first two weeks of March and September the respondent prune the vegetation to a height no more than 2.5 metres.

Sydney, Australia

1300 00 2088

Constitutional law, Environmental Law, International Law

Commonwealth v Tasmania (“Tasmanian Dam case”) [1983] HCA 21 | 1 July 1983

July 1, 2014 Legal Helpdesk Lawyers

ON 1 JULY 1983, the High Court of Australia delivered Commonwealth v Tasmania (“Tasmanian Dam case”) [1983] HCA 21; (1983) 158 CLR 1 (1 July 1983).

http://www.austlii.edu.au/au/cases/cth/HCA/1983/21.html

The Tasmanian Government, who sought to construct a hydro-electric dam on the Franklin River, brought a constitutional challenge to the Commonwealth’s World Heritage Properties Conservation Act 1983 on various grounds including that the Commonwealth had no power to legislate on such a matter.

The challenge was unsuccessful. The court ruled that the Act was validly enacted under the Commonwealth’s external affairs power under s51 of the Constitution as it gave effect to their international treaty obligations under the Convention on the Protection of the World Cultural and Natural Heritage.

As a result of this decision, the construction of a hydro-electric dam in Tasmania’s Franklin River was blocked.

Sydney, Australia

1300 00 2088

Courts and Tribunals, Environmental Law, Planning Law

Land and Environment Court of NSW

June 30, 2014 Legal Helpdesk Lawyers

The Land and Environment Court of New South Wales was established on 1 September 1980. It’s purpose was to be a “one stop shop” for environmental, planning and land disputes which had previously been determined by a number of different courts.

The court hears matters relating to environmental, building, planning and development disputes in New South Wales.

The court has the exclusive jurisdiction to undertake merits review, judicial review, civil enforcement, criminal prosecution, criminal appeals and civil claims about planning, environmental, land, mining and other legislation.

The matters determined by the court fall into eight classes:

Class 1: Environmental, planning and protection appeals.

Class 2: Tree disputes and miscellaneous appeals.

Class 3: Valuation, compensation and Aboriginal land claim cases.

Class 4: Civil enforcement and judicial review of decisions under planning or environmental laws.

Class 5: Criminal proceedings for offences against planning or environmental laws.

Class 6 and 7: Criminal appeals against convictions and sentences for environmental offences by the Local Court.

Class 8: Mining matters.

http://www.lec.lawlink.nsw.gov.au/lec/index.html

1300 00 2088

Environmental Law, Planning Law

Bangally Way and Binburra Street, Avalon NSW 2107

June 27, 2014 Legal Helpdesk Lawyers

ON 27 JUNE 2014, the NSW Land and Environment Court delivered Catalina Island Pty Limited v Pittwater Council [2014] NSWLEC 1125.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172396

A developer appealed a decision of Pittwater Council to refuse a development application for the construction of eight aged and disability apartments on two allotments on 2(a) residential land between Bangally Way and Binburra Street, Avalon.

The court refused the appeal, finding no errors in the council’s decision making.

1300 00 2088