There are many different types of plants and animals. Plants and animals also live in many different areas or habitats. The different habitats make up different ecosystems. Together, the range of different plants and animals, and the habitats and ecosystems in which they live, are called biological diversity or biodiversity for short.
Many cases in the Court concern harm to biological diversity.
In the Court’s
Class 1 jurisdiction, the Court is regularly required to consider biodiversity issues in merits appeals. These cases are appeals against decisions of Local or State government to refuse or to grant approval to carry out an activity which harms biodiversity, including significant components such as threatened species, endangered populations or endangered ecological communities. The Court may need to consider the characterisation of the affected biodiversity, the degree of adverse impact, and the mitigation measures including provision of biological offsets.
Biodiversity issues also arise in civil and criminal enforcement proceedings before the Court. People may breach legislation which protects biodiversity, such as:
A breach of these statutes is a criminal offence. Civil proceedings in
Class 4 of the Court’s jurisdiction may be brought to restrain and to remedy breaches of the statutes and criminal proceedings in
Class 5 of the Court’s jurisdiction may be brought to prosecute offences.
The Court may also be required to consider biodiversity issues in judicial review proceedings in
Class 4 challenging the validity of a consent or approval to harm components of biodiversity or to carry out an activity which has that effect.
Information on biodiversity and the legislation and cases involving biodiversity issues is available at
In NSW, there are a number of places where you can get specialised legal advice on the sorts of legal problems heard by the Land and Environment Court. Find out
where to get legal advice and information.
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