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. […]
Read the full story16 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 […]
Read the full story19 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 […]
Read the full story24 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 […]
Read the full story04 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 […]
Read the full story01 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 […]
Read the full story24 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 […]
Read the full story10 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 […]
Read the full story11 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 […]
Read the full story12 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 […]
Read the full story30 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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