Introduction

This part of the Court’s website is designed to provide information to court users, legal practitioners, experts, students and the general public on biodiversity and the law.

It lists the statutes and subordinate legislation relevant to biodiversity, and also lists a number of cases dealing with disputes arising under this legislation in the Land and Environment Court. This page is intended to act as a guide to the Court’s approach to biodiversity issues, however it does not constitute legal advice or offer any guarantee as to how a particular dispute will be decided by the Court.

For ease of reference, the case law section of this page has been divided into the common categories of cases falling under individual statutes.

In addition to the case law, the page provides links to the websites of various State and Commonwealth government departments that are responsible for administering the legislation. These websites provide additional information on biodiversity issues.

Statutes

• Biological Control Act 1985
• Coastal Protection Act 1979
• Environmental Planning and Assessment Act 1979
• Filming Approval Act 2004
• Fisheries Management Act 1994
• Forestry Act 1916
• Forestry and National Park Estate Act 1998
• Heritage Act 1977
• Local Government Act 1993
• Marine Parks Act 1997
• National Parks and Wildlife Act 1974
• Native Vegetation Act 2003
• Nature Conservation Trust Act 2001
• Noxious Weeds Act 1993
• Plantations and Reafforestation Act 1999
• Protection of the Environment Administration Act 1991
• Rural Lands Protection Act 1998
• Threatened Species Conservation Act 1995
• Trees (Disputes Between Neighbours) Act 2006
• Water Management Act 2000
• Water Act 1912
• Wilderness Act 1987

• State Environmental Planning Policy No 14—Coastal Wetlands
• State Environmental Planning Policy No 19—Bushland in Urban Areas
• State Environmental Planning Policy No 26—Littoral Rainforests
• State Environmental Planning Policy No 30—Intensive Agriculture
• State Environmental Planning Policy No 39—Spit Island Bird Habitat
• State Environmental Planning Policy No 44—Koala Habitat Protection
• State Environmental Planning Policy No 62—Sustainable Aquaculture
• State Environmental Planning Policy No 71—Coastal Protection
• State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007
• State Environmental Planning Policy (Rural Lands) 2008
• State Environmental Planning Policy (Sydney Region Growth Centres) 2006

• Department of Environment, Climate Change and Water
  • Nature conservation, including BioBanking, native animals and threatened species
  • Native vegetation
• Department of Industry and Investment:
  • Agriculture
  • Fishing and aquaculture
  • Forests
• Department of Planning:
  • Biodiversity page of the Development Assessment Guidelines Register
  • Scientific Committee final determinations and list of threatened species, populations or ecological communities

• Department of the Environment, Water, Heritage and the Arts:
  • Environment Protection and Biodiversity Conservation Act 1999
  • some of the matters of national environmental significance protected under the EPBC Act:
    • wetlands of international importance, a list of which can be found here
    • listed threatened species and ecological communities, a list of which can be found here
    • migratory species protected under international agreements, a list of which can be found here
    • Commonwealth marine areas
    • World Heritage areas