The Nature Conservation Council of NSW has launched legal proceedings in the Land and Environment Court seeking to overturn land-clearing codes made under the Local Land Services Act earlier this year.
You can read more about the case and donate to help fund the case on the NCC website here.
Grounds of the case:
- Failure to adequately consider the principles of Ecologically Sustainable Development
The Primary Industries Minister and the Environment Minister had a legal duty to consider the principles of Ecologically Sustainable Development when making the land-clearing codes. That includes proper consideration of internationally recognised legal principles such as intergenerational equity, the precautionary principle, and conservation of biodiversity. Documents obtained under freedom of information laws suggests the Ministers failed to do so.
- Failure of the Primary Industries Minister to obtain concurrence of the Environment Minister
The Primary Industries Minister Niall Blair had a legal duty to obtain the “concurrence” (more simply the agreement) of the Environment Minister Gabrielle Upton before “making” the codes. Documents obtained under freedom of information laws suggest that Ms Upton approved the codes on August 25, one day after Mr Blair had made them on August 24.
NCC is being represented in this case by the Environmental Defenders Office NSW. You can help raise funds to run the case by donating here.