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waterfront land, waterfront, waterway, controlled activities, ecosystem, downstream, Water Management Act, rocks, sand, gravel, boulders, plants, bridge, road, sea wall, erosion, control, channel, re-alignment
12 Dec 2024

Work on waterfront land requires approval

It is an offence to carry out “controlled activities” on waterfront land without an approval. This refers to construction work and also to clearing or depositing rocks, sand or plants. What is considered waterfront land? Waterfront land is defined as the bed of a waterway and the land 40 metres from the mean high bank. […]
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16-year-olds vote, 17-year-olds, vote, voter, voting, teenager, parliament, election, law, discrimination, youth, young people, right to vote, Make It 16, no taxation without representation, enrolment, disenfranchised, policy
16 Oct 2024

Should 16-year-olds be allowed to vote?

For the first time, 16-year-olds in Europe were allowed to vote in the June 2024 election for the European parliament, and they turned out in droves. Where can 16-year-olds vote? Sixteen-year-olds can vote in a number of countries, including Argentina, Austria, Belgium, Brazil, Cuba, Ecuador, Ethiopia, Germany, Malta, Nicaragua and Scotland. Now there is a […]
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Ned Kelly, colonial history, cultural heritage, history, colonialism, terra nullius, Indigenous, tourism, Glenrowan, Yorta Yorta, bushranger, pioneer, settler
19 Sep 2024

Cultural heritage and colonial history – should Ned Kelly’s descendants have a claim on his story?

The recent Victorian Supreme Court case of Ned Kelly Centre Ltd v Australian Rail Track Corporation [2023] VSC 421 asks the question of whether a familial connection to land is enough to trigger Victoria’s human rights laws to stop the development of a tourist facility. A second question arises: does Australia’s patchwork human rights legislation […]
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environmental crime, environment, environmental law, protection, polluter, pollution, anti-pollution, Environment Protection Authority, clean-up notice, asbestos, mulch, chemicals, recycling, name and shame, disposal, waste, penalty
24 May 2024

Tougher penalties for environmental crime now in force in NSW

The recent discovery of asbestos-contaminated mulch across Sydney has highlighted the fact that NSW’s existing environmental laws do little to protect our surroundings from environmental crime and fail to deter would-be offenders and polluters. New legislation increases penalties for environmental crime Put simply, the existing penalties for committing an environmental crime in NSW were shamefully […]
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electric scooter, e-scooter, rent, hire, trial, public road, cycleway, footpath, penalty, helmet, insurance, personal injury, public liability.
04 Apr 2024

Electric scooter trials in regional centres in NSW

The electric scooter is growing in popularity in Europe as a means of urban transport, and there has been pressure in Australia to allow them to be used on cycleways and selected public roads. In many European cities, a person can rent an e-scooter on the spot, ride it wherever they want to go, and […]
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business disruption, damages, road works, construction, delay, inconvenience, compensated, class action, lawsuit, trackwork, avoidable, unreasonable, light rail, unreasonable interference, private nuisance
01 Feb 2024

Success in class action for business disruption due to Sydney light rail roadworks

A recent Supreme Court judgment may open the way for businesses to claim damages from the government if they lose income due to business disruption as a result of major road works. Construction of light rail causes significant business disruption Two Sydney small business owners took Transport for NSW to court after they lost income […]
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water use, water access, water management, water law, Water Act, Water Management Act, Dam Safety Act, Water NSW Regulation, groundwater, pump, bore, dam, weir, irrigation channel, levee, dewatering, Water Access Licence, domestic use, stock watering, river, lake, estuary
24 Jan 2024

“Is it legal for me to pump water from the river?” – laws governing water use in NSW

Water security challenges loom as groundwater and river systems under threat Australia is a dry continent, and it is only getting drier. The country’s largest river and groundwater systems are under threat. As competing interests assert their right to water access, it is important to understand the laws governing water use. Regional towns and industries […]
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gym injuries, gym injury, gym, liable, public liability, compensation, claim, negligence, negligent, personal trainer, risk, duty of care, waiver, safety
10 Jan 2024

Can you make a public liability claim for gym injuries?

Regular physical exercise is an important part of maintaining health and fitness. People exercise in various locations, such as their local park, running along coastal tracks, or training at home or at a commercial gym. But with exercise comes the risk of sports-related or gym injuries. Gyms often unstaffed and unsupervised As the Covid pandemic […]
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nuclear waste, nuclear waste dump, traditional owner, Barngarla, Kimba, South Australia, Lucas Heights, ballot, Federal Court, waste dump, consult, consultation, storage, radioactive, enriched waste, submarine, AUKUS
11 Oct 2023

Court rejects nuclear waste dump after challenge by traditional owners

Coalition government claimed dump site had support of local community When the previous coalition government announced a national nuclear waste dump would be built on a 211-hectare farm near Kimba in South Australia, it proclaimed it had the support of local people. The dump would take low-level radioactive medical waste and temporarily store intermediate-level nuclear […]
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Aboriginal fishing, traditional fishing, cultural fishing, indigenous fishing, fisher, Fisheries Management Act, Native Title Act, fishery, Aboriginal, Indigenous, ATSI, ecosystem, environment, catch, bag limit, catch limit, prosecution, abalone, permit, permit system, hunting, gathering, ocean
12 Sep 2023

Traditional Aboriginal fishing in NSW: end to prosecutions long overdue

Indigenous people in New South Wales continue to be targeted and prosecuted under the Fisheries Management Act for participating in traditional Aboriginal fishing practices, leading to disconnection from Country, loss of intergenerational knowledge and adverse health outcomes. Indigenous environmental management practices and cultural traditions Indigenous Australians have managed their lands and waters for millennia, ensuring […]
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Rights of Nature, natural world, environment, natural environment, climate change, climate catastrophe, personhood, legal rights, law, animals, plants, Animal Welfare Act, Whanganui River, Ganges River, Murray Darling Basin, Great Barrier Reef, Blue Mountains, rivers
30 Mar 2023

“Rights of nature” redefining humanity’s place in the natural world

The looming climate catastrophe has engendered the “Rights of Nature” movement, which strives to redefine the relationship between humanity and the world we inhabit. The natural world is arguably recognised as a living entity with legal “personhood” and the same rights as humans to be protected, survive and thrive. Climate change and ecological deterioration Chances […]
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