http://www.edohandbook.org/ 2010-09-05T18:27:57-04:00 http://www.edohandbook.org/ http://www.edohandbook.org/lib/images/favicon.ico text/html 2010-07-01T02:18:01-04:00 http://www.edohandbook.org/doku.php?id=ch1&rev=1277965081 [Graphic courtesy Dale Wilkins, www.sentimentalrefugee.com] 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. text/html 2010-07-20T00:13:30-04:00 http://www.edohandbook.org/doku.php?id=ch10&rev=1279599210 Chapter 10 Farming covers much of Tasmania's land area and can have profound impacts on environmental quality. Rural industries use large quantities of chemicals and fertilisers and these are released directly into the open environment. Farming activities can have major impacts on water quality, soils and erosion and can pose a significant threat to remnant patches of native vegetation. Despite all these impacts, the farming sector is one of the least regulated. Tasmania now has som… text/html 2010-07-01T02:04:28-04:00 http://www.edohandbook.org/doku.php?id=ch11&rev=1277964268 Chapter 11 Tasmania is highly mineralised and has a rich mining history. But that history has come at a high price - the industry has left in its wake a legacy of serious pollution and degraded landscapes, most notoriously evidenced by the Queenstown hills and the heavily polluted Queen and King Rivers. text/html 2010-08-04T02:54:44-04:00 http://www.edohandbook.org/doku.php?id=ch12&rev=1280904884 Chapter 12 This chapter looks at laws that aim to protect human generated heritage – buildings, artifacts, structures and places of historic and cultural interest, including ancient Aboriginal sites. What is cultural heritage? Any places or artifacts that have cultural, scientific, aesthetic, architectural, community or historic interest to our community or to future generations. It includes not only buildings and other physical structures, but localities where significant events have … text/html 2010-09-01T22:49:33-04:00 http://www.edohandbook.org/doku.php?id=ch13&rev=1283395773 Chapter 13 Both decision-makers and members of the community can fail to act in the environment's best interests. It is always better to be proactive and take action to avoid environmental impacts before they occur. Community participation early in decision-making processes is crucial to successfully defending the environment. text/html 2010-07-01T02:08:08-04:00 http://www.edohandbook.org/doku.php?id=ch14&rev=1277964488 Chapter 14 In recent years it has become somewhat easier for ordinary citizens to legally challenge government decisions and to challenge activities that harm the environment. Taking legal action can be an intimidating experience, but need not be so. This chapter outlines how the legal system works, plus important information about: text/html 2009-05-05T04:27:34-04:00 http://www.edohandbook.org/doku.php?id=ch15&rev=1241512054 Chapter 15 When dealing with environmental problems that have national significance, you will sometimes need to refer to commonwealth laws. State and local governments are responsible for managing most activities that impact on the environment. However, in some cases a person planning an activity or development may need to obtain federal government approval - in addition to any approvals needed under State law (see Division of Powers). text/html 2009-05-06T00:41:46-04:00 http://www.edohandbook.org/doku.php?id=ch16&rev=1241584906 Chapter 16 Climate change threatens to inflict more profound damage on Tasmania’s natural environment and on human society than any other factor. Despite the urgency of this challenge there are, as yet, almost no regulations in place to enforce restraints on greenhouse emission levels. text/html 2009-05-04T20:38:00-04:00 http://www.edohandbook.org/doku.php?id=ch2&rev=1241483880 Chapter 2 A graphic way to understand environmental law is to take a look at recent history. Until the 1970s Tasmania had virtually no specific environmental controls. We had no government agencies to look after the environment, no national parks department, no environmental control department. Planning for the future was, at best, ad hoc. text/html 2010-07-01T02:14:08-04:00 http://www.edohandbook.org/doku.php?id=ch3&rev=1277964848 Chapter 3 There are over 100 individual Tasmanian Acts of Parliament that relate to environmental control in some way. They include controls on everything from fluoridation of our water supplies, to wildlife protection, to management of marine areas. text/html 2010-06-25T23:10:55-04:00 http://www.edohandbook.org/doku.php?id=ch4&rev=1277521855 Chapter 4 The Resource Management and Planning System (the RMPS) is the all-important, integrated, planning and environmental management system for Tasmania. This chapter outlines the RMPS, whilst Chapter 5 and Chapter 6 show how major elements of it – planning and pollution laws – are put into practice. 1 What is the RMPS? The RMPS is an integrated system of laws, policies and procedures. Its aim is to ensure that all decisions about the use and development of land a… text/html 2010-07-13T04:29:13-04:00 http://www.edohandbook.org/doku.php?id=ch5&rev=1279009753 Chapter 5 [Photo: courtesy John Spooner, The Age] This chapter outlines how new developments are approved and how you can appeal against a proposed development. In Tasmania approval for new developments has been integrated, streamlined and simplified. Only one combined approval is required for both planning approval and environmental approval. This is contrary to most other states where two separate permits are usually required. text/html 2010-06-30T22:47:31-04:00 http://www.edohandbook.org/doku.php?id=ch6&rev=1277952451 Chapter 6 The previous chapter dealt with laws aiming to prevent environmental harm from occurring in the first place, through a rigorous planning process. But, even with 'best practice' planning in place, environmental harm will inevitably occur – either through accident, negligence or deliberate breaches of law. This chapter deals with laws that are used to remedy pollution and other harmful activities. About EMPCA The Environmental Management and Pollution Contr… text/html 2010-06-30T22:53:41-04:00 http://www.edohandbook.org/doku.php?id=ch7&rev=1277952821 Chapter 7 Tasmania has extraordinary natural assets – in terms of its stunning scenery, its wilderness and its unique biodiversity. In the past, areas were set aside in conservation reserves principally to protect landscapes and to provide recreation opportunities. However, in recent years there is far more focus on protection of Tasmania’s unique biodiversity – much of which exists outside of our national parks and reserves system. text/html 2010-06-30T23:11:37-04:00 http://www.edohandbook.org/doku.php?id=ch8&rev=1277953897 Chapter 8 Tasmania has a rich forest estate covering extensive areas of both public and private land. The forests are highly valued as important wildlife habitats, as a source of clean water, as tourism and recreational assets and for the various forest products which they offer. text/html 2010-06-30T23:13:51-04:00 http://www.edohandbook.org/doku.php?id=ch9&rev=1277954031 Chapter 9 Recent years have seen rapid changes to marine protection laws after a long history of neglect. Marine areas are used for many purposes and, because it is often difficult to clearly identify marine boundaries, protection laws are complex and administered by a wide variety of bodies and statutes. Laws of the sea The following table gives a guide to the principal legislation you may need to refer to. text/html 2010-05-11T22:41:30-04:00 http://www.edohandbook.org/doku.php?id=enforcement&rev=1273632090 Tasmanian citizens are able to initiate legal proceedings to safeguard their environment. Such action can be carried out under: * Planning law - the Land Use Planning and Approvals Act * Pollution laws - the Environmental Management and Pollution Control Act. text/html 2010-07-01T02:12:51-04:00 http://www.edohandbook.org/doku.php?id=home&rev=1277964771 [Photo: courtesy Rob Blakers] Your Practical Guide to Tasmania's Environmental Protection and Planning Laws For citizens, local councils, conservation groups, landowners, business operators and regulatory authorities CONTENTS 1. About this Handbook • Welcome • Disclaimer Policy2. About Environmental Law • Introduction • Division of powers • Types of law • Where can I get copies of legislation?3. The Tasmanian Framework • Introduction • How effective are Tasmani… text/html 2010-07-13T04:45:06-04:00 http://www.edohandbook.org/doku.php?id=water&rev=1279010706 Critical importance of water Water is a contentious area of policy, both locally and nationally. It is a critical natural resource, having many competing uses. Maintaining water quality and sustainable water development is essential for environmental reasons as well as for human uses. Throughout the 1900s, lack of water management resulted in extensive pollution and degradation of Tasmania's inland waterways and estuaries, and numerous related problems. There was previously little integra…