Greens applaud court’s renewed environmental focus - 1 December 2006

The Chief Judge of the NSW Land and Environment Court, Justice Brian Preston, is to be commended for pointing out that the need for a broader interpretation of environmental law, said NSW Upper House Greens MPs Ian Cohen and Sylvia Hale.

“Ecologically sustainable development is a term that is often included in legislation, but in practice it is generally ignored,” Mr Cohen said.

“I was most heartened to hear Justice Preston speak of a paradigm shift, where an all encompassing ‘culture of sustainablity’ applies to development. It is encouraging that he understands that the use of natural resources by one party needs to take into account the needs of others.

“Justice Preston is also correct to point out the importance of considering the environmental impact of the entire lifespan of a project. These principles should always have been the central focus of the Land and Environment Court,” said Mr. Cohen.

Sylvia Hale expressed concern over recent amendments to NSW Environmental Planning legislation, which may gazump the court’s more progressive stance.

“Minister Sartor has given himself even more power over planning decisions. These ministerial decisions are not appellable, which removes the Land and Environment court from the process altogether.

“This stands in stark contrast to the government’s response to the court’s recent Anvil Hill decision. The Government can appeal court decisions, but the court cannot be used to appeal ministerial ones.

“The executive Government ought not be able to ride roughshod over the judiciary in this way. The Government must ensure the Land and Environment Court is able to independently and rigorously continue to adjudicate on all environmentally sensitive developments,” said Ms Hale.

Both MPs urge the government to respect the judicial independence of the court.

Further Information: Michael Hidden 9230 3305 / 0431 320 085 (Ian Cohen)
Chris Holley 9230 3030 / 0437 779 546 (Sylvia Hale)