An Environmental Court in Action: Function, Doctrine and Process

Description

Over its 40-year existence, the New South Wales Land and Environment Court has become world-famous for its multi-faceted contributions to environmental law. And yet much of what the Court does remains underexamined. This edited collection is the first international collection on the Court. It brings together leading lawyers and academics to examine and evaluate the work of the Court from different scholarly perspectives. It explores the functions, doctrines and processes of the Court and its contributions to both Australian environmental law and environmental law worldwide. This book is a must-read for anyone who wants to understand the Court as well as the nature and possibilities of environmental courts more generally. Foreword Preface Table of Contents List of Contributors List of Abbreviations Table of Cases 1. The Many Facets of a Cutting-Edge Court: A Study of the Land and Environment Court of New South Wales 1. Introduction 2. Studying the Court: The Need for a 'Thick' Analysis 3. The Court: Roles, Competences, Expertises 4. The Functions of the Court 5. Doctrines of the Court 6. The Processes of the Court 7. Conclusion PART I: FUNCTION 2. From Reactive to Proactive Decision-Making by the Land and Environment Court of New South Wales 1. Introduction 2. Environmental Governance as a Challenge for the Court 3. The Nature of Reasoning in Relation to Environmental Governance 4. The Relationships between Multifunctional Rules 5. The Rules Defining Consideration 6. The Integration of Multifunctional Rules in Decision-Making by the Court 7. Conclusion 3. The Place of the Land and Environment Court in the Planning System of New South Wales 1. Introduction 2. The Form of the Court 3. Conceptualising its Jurisdiction 4. Influence of the Court 5. Stabilising the Planning System 6. Conclusion 4. The Land and Environment Court of New South Wales and the Transnationalisation of Climate Law: The Case of Gloucester Resources v Minister for Planning 1. Introduction 2. Courts and Transnational Climate Law 3. Transcendental Climate Norms in the Gloucester Resources Case 4. Conclusion: The Land and Environment Court and the Transnationalisation of Climate Law 5. Transnational Dimensions of the Land and Environment Court of New South Wales 1. Introduction 2. The Meaning of Transnational Environmental Law 3. Transnational Law Influences on the Court 4. Legal Responses to the Environment Movement 5. Ecologically Sustainable Development in the Land and Environment Court 6. Environmental Rule of Law 7. The Land and Environment Court as a Transnational Model 8. Climate Change Litigation and the Land and Environment Court 9. Legal Aid and the Land and Environment Court 10. Conclusion 6. The International Outreach of the Land and Environment Court of New South Wales: Diffusion in India 1. Introduction 2. The Principle of Functionality: Better Solutions 3. The Influence of the Land and Environment Court: Genesis of the NGT 4. The Land and Environment Court's 'Desirable Dozen': Reflections in the NGT 5. Conclusion PART II:
DOCTRINE 7. Biodiversity and the Land and Environment Court of New South Wales 1. Introduction 2. The Concept and Language of Biodiversity 3. An Overview of Biodiversity Legislation in NSW 4. Biodiversity Issues before the Court 5. Biodiversity and Legal Doctrine 6. Prospects 8. Environmental Principles and the Construction of a New Body of Legal Reasoning 1. Introduction 2. The Promise and Perils of Environmental Principles in Environmental Law 3. Making Environmental Principles a Legal Reality: The Pioneering Case of the NSW Land and Environment Court 4. Final Reflections: Questions of Legitimacy and Critique 9. The Land and Environment Court of New South Wales and the Recognition of Indigenous Peoples' Environmental Rights 1. Introduction 2. The Court's Jurisdiction in Relation to Indigenous Peoples' Environmental Rights 3. UNDRIP 4. Examining the Court's Recognition of Indigenous Peoples' Rights 5. Intergenerational Equity 6. Process 7. Conclusion 10. The Administrative Law Expertise of the Land and Environment Court of New South Wales 1. Introduction 2. The 'Active' Administrative Law Work of the Land and Environment Court 3. Statutory Construction 4. Factual Assessment 5. Judgement 6. Reflecting on the Administrative Law Expertise of the Court 7. Conclusion 11. Ecocentrism and Criminal Proceedings for Offences against Environmental Laws 1. Introduction 2. Ecocentrism and Environmental Harm 3. Determining Environmental Harm 4. Sentencing Offenders 5. Conclusion PART III:
PROCESS 12. You Can Only Keep Something by Giving it Away 1. Introduction 2. The Essence We've Been Thinking About 3. You Have to Do Something 4. A No Man's Land of Environmental Planning 5. A Most Generous Offer 13. 'Please Come In': Access to Justice and the Development of Jurisprudence in the Land and Environment Court of New South Wales 1. Introduction 2. The First Period of Public Interest
Environmental Law (1979–1999) 3. The Second Period of Public Interest
Environmental Law (2000–2020) 4. Towards an Explanation 5. Conclusion 14. Alternative Dispute Resolution in the Land and Environment Court of New South Wales 1. Introduction 2. Background 3. The Idea of a Multi-door Courthouse 4. Dispute Resolution Processes Available in the Land and Environment Court 5. Public Participation and the Public Interest 6. Conclusion 15. The Land and Environment Court of New South Wales: Normative Legitimacy and Adjudicative Integrity 1. Introduction 2. The Court's Legal Nature 3. Debates Surrounding the Court 4. Evaluating the Court Through a Unifying Frame 5. Responsive Process and Doctrine: From Leatch to Telstra and Case Law in between 6. Conclusion Conclusion 16. Afterword: Law in Unexpected Places I II III IV V VI VII Index