78042 Environmental Planning and Development Law6cp
Requisite(s): 70617 Administrative Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
This subject introduces students to the basic rules of environmental planning and development law in New South Wales. The primary focus is on the 'development control and assessment process' in NSW, which is part of the system of statutory environmental planning contained in the Environmental Planning and Assessment Act 1979.
Other legislation is also considered, including the Local Government Act 1993, the Land and Environment Court Act 1979, and criminal legislation including the Criminal Procedure Act 1986 and the Crimes (Sentencing Procedure) Act 1999.
In order to properly understand and appreciate the law in relation to environmental planning and the development control and assessment process, it is essential that students gain an understanding of the institutions, legal principles, thought-forms, constructs and techniques of local government in NSW. Accordingly, the subject also includes such fundamental topic areas as the legal nature and role of NSW councils, their organisational structure, the roles and functions of the various 'players', decision-making mechanisms (including the conduct of meetings), delegations, sub-delegations and authorisations.
The Chief Judge of the Land and Environment Court, the Hon. Justice Brian John Preston SC, has said: "The judiciary plays a critical role in the enhancement and interpretation of environmental law and the vindication of the public interest in a healthy, secure and sustainable environment. Increasingly, it is being recognised that a court with special expertise in environmental matters is best placed to play this role in the achievement of ecologically sustainable development. The Land and Environment Court of New South Wales is an example of a specialist environment court. It was the first specialist environment court established as a superior court of record in the world and provides an instructive case study for students who wish to develop their interest in this complex, but fascinating, area of the law."
Detailed subject description.
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- Commonwealth-supported students: view subject fees at Fees Search: Commonwealth-supported
- Postgraduate domestic fee-paying students: fees are charged according to the course enrolled in; refer to Domestic Fees Search: Postgraduate and Research
- International students: fees are charged according to the course enrolled in; refer to International Fees Search
- Subject EFTSL: 0.125