Welcome!

Welcome to this online edition of the Environmental Law Handbook.

Printed versions of the guidebook have serviced the needs of Tasmanians for some 8 years. Now we are able to present the same service online, so that it is even more accessible.

Finding out about the law can be a difficult task. There are more and more new laws that deal with the environment, and large numbers of government departments and authorities that deal with those laws.

Also, modern citizens expect to have a say in what happens in their environment, and this trend is growing rapidly. So much so, that a number of environmental laws in Tasmania provide guaranteed avenues for public participation.

But these avenues are of limited benefit if the community is unaware of them. We receive consistent feedback that many people are confused over laws affecting the environment. Even those working within the environmental field very often have scant knowledge of the variety of legal processes that can be used in environmental defence.

To the uninitiated, the law appears to be an impenetrable maze. Over the years this handbook has been an invaluable tool, helping people find their way through the maze. It has been of practical use to many citizens, environmental groups, local government and government agencies.

We have tried to outline the significant laws that most often impinge on people’s lives, without clouding issues in legal jargon or unnecessary details. Where possible we offer further sources of information for those who want to go further.

Most often, this guide will be a handy reference for those who have an immediate problem on their hands – a polluted creek, noise from a neighbourhood quarry, concern about abuse to wildlife – and want to know what they ought to do about it. There are chapters covering most issue areas.

Nevertheless, it is very worthwhile to gain a basic understanding of Tasmania’s overall Resource Management and Planning System (RMPS) at the very least. This system crops up throughout this guidebook because it is pivotal to many situations and is described in Chapter 4. Please do read through that chapter if nothing else.

For those who are trying to cope with a specific environmental problem, it may be well worthwhile to visit Chapter 13, which offers a general guide to taking action.

And to help you wend your way through the maze, sprinkled throughout are messages like this: (☞ Go to…). Just like the natural environment, law is a dynamic interacting system. It requires a non-linear approach to go from A to B. When you understand the connections, it‘s not as confusing as it first appears!

This project was undertaken with funding from The Law Foundation of Tasmania.

The EDO gratefully acknowledges the contribution made by the following people.

Editor: Chris Harries

Co-authors: Susan Gunter & Jess Feehely

Web design: Allan Moult

Web advisory service: Kerryn Meredith-Sotiris, Terry Parkes, Paul Chambers, Suezanne Anderson (Clarence TAFE)

Administrative support:

Elisabeth Cameron, Jane Brown, John Scanlan (EDO NSW), Loren Atkins, Louise Blaik, Naomi Wakelin, Noelle Rattray

Contributors:

Adam Beeson (Environmental Defenders Office - Tas), Adam Burling (Huon Valley Environment Centre), Alasdair Wells (Dep't of Primary Industries and Water), Allan Garcia (Local Government Association of Tasmania), Andrew Ricketts (The Environment Association), Bob Burton (author), Brian Risby (Land Use Planning Branch, Department of Justice), Caleb Pedder (Tasmanian Aboriginal Land & Sea Council), Carol Bacon (Mineral Resources Tasmania), Chris Mitchell (Forest Practices Authority), Christine Grove (Forest Practices Authority), Christine Kershaw (Tasmanian Farmers and Graziers Association consultant), Dana Faletic (DIER), Don Defenderfer (State Landcare Coordinator), Dr Frances Mowling, Dr Hans Drielsma (Forestry Tasmania), Dr Julie Von Platen, Dr Kate Crowley, Dr Roscoe Taylor (Director of Public Health), Emma Belfield, Emma Riley (President, Royal Australian Planning Institute - Tasmanian branch), Fleur Gedamke (NRM South), Ian Sansom (Dep't Justice), Jarrod Bryan (Registrar, Resource Management and Planning Appeal Tribunal), Jason Allen (UTas), John Hayes (Land Use Planning Branch, Department of Justice), Kate Kent (Dep't of Primary Industries and Water), Kate Polglase (Environmental Defenders Office (Tas)), Kerry Boden (Tasmanian Planning Commission), Mark Lobban (Dep't of Health and Human Services), Melissa Ballantyne (Environmental Defenders Office - SA), Michael Lynch (Tasmanian Heritage Council), Nikki Johns (Utas), Peter Trott (Dep't of Primary Industries and Water), Phil Pullinger (Environment Tasmania), Rena Dare (Tasmanian Greens), Rick Snell (University of Tasmania), Sally Bryant (Dep't of Primary Industries and Water), Steve Howett (Environment Division), Steve Stanton, Stuart Heggie (Dep't of Health and Human Services), Tom Baxter (University of Tasmania), Warren Jones (Director of Environmental Management),

This guidebook is not a substitute for legal advice relating to your particular issue. If you need specific legal advice, please contact the Environmental Defenders Office. The EDO does not accept responsibility for any loss or damage suffered by any person acting or relying on information on this website.

While every effort has been made to ensure that information in the Handbook is accurate at the time of writing, sometimes mistakes are made. If you find an error in the text, or have any other comments, please email us at edotas@edo.org.au