LWA112 - Environmental and Planning Law Instructions to Students - Law Assignment Help

Assignment Task

Assessment 2:

LWA112 Environmental and Planning Law 2020 Instructions to students This is an individual assessment task. It is forbidden to collaborate with other students or seek outside assistance on this assessment item and may amount to academic misconduct. You must answer 3 questions. Questions are not of equal value. Section A, Question One 20 marks hypothetical scenario question Section A, Question Two 10 marks hypothetical scenario question Section B, 20 marks choose 3 of 5 available questions, worth marks each Referencing is required, however the format of referencing is not assessed. Submit your answer via learnline in WORD format. Remember late penalties are applied hourly so ensure your answer is submitted on time. If having technical difficulties with submission, email a copy of your final answer toros.vickers@cdu.edu.au before the due time. Word limit 3,500 words Part A Answer BOTH QUESTIONS in this Part. Question 1 (20 marks total) Refer to the following hypothetical scenario and respond to all questions below. The site on the outskirts of Katherine in the Northern Territory is sought to be developed into a new rural subdivision and golf course (the ?Project?). The works associated with the Project include: complex earthworks including the filling of a quarry and sealing of a disused mine, significant land clearing diverting a local watercourse. building significant infrastructure including roads, guttering, electricity supply, sewerage and fencing. Part of the Project site has flooded in the past in the wet season, and changing climatic conditions are likely to increase the frequency of flooding of the Project site. There is a local farmer nearby who does not like the idea of a subdivision has it may impact on the value of his agricultural business. Consider the Environment Protection Act 2019 (NT) and associated guidelines and regulations as covered in this unit and answer the following questions. Support your answer with the relevant provisions of the law. Do not consider the Planning Act NT in your response. What is an action'? Why is it important to meet this threshold? (3 marks) If the developer does not refer the project to the Northern Territory Environment Protection Authority, what are the 3 possible available options for the NTEPA? (3 marks) Assuming the developer does submit the project for referral and Environmental Impact Assessment is required, what is the information that the NT EPA and Minister need to consider in determining the environmental approval? Support your answer with the relevant law. (5 marks) What is the role of the Minister in the above scenario and assessment? Consider the environmental assessment and which provisions of the EP Act she must consider in making her decision? Are there any implications if she doesn't follow the process properly? (8 marks) Can the farmer make the NTEPA or the Minister consider his concerns about the Project? How? (3 marks) Question 2 (10 marks total) A large housing development is proposed on an inner city site of a recently demolished public housing unit complex (the Site'). The site is zoned High Density Residential, and adjoins a public reserve that is zoned Public Open Space under the Northern Territory Planning Scheme. Your client is the developer of the housing development and wants to build multi-level townhouses, a swimming pool and a communal café. Is this permitted under the Planning Scheme on the Site? If not, how would the description of the development need to change? (Do not consider planning scheme amendment). (3 marks) The local neighbourhood resident group is concerned that the public reserve will be enclosed and used as the garden space for the housing development. How can your client address their concerns in the development assessment process? (5 marks) Are the residents able to appeal the decision of the consent authority? (2 marks) Part B (20 marks total, each question worth 10 marks) Answer TWO of the following questions in a short essay: Short Essay questions: Legal Review of decisions Procedural rights are often the strongest rights with respect to environmental decision review. This is because they allow private citizens, entities or States to seek information about a decision-making process and can allow for rights to appeal decisions. Do you agree procedural rights are the best legal mechanisms for environmental outcomes? Why or why not? Hint: You could consider other laws, public interest environment litigation and legal mechanisms in your response. Environmental Protection Various mechanisms have been used for protection various aspects of the environment including: declaration of conservation reserve, declarations that certain activities can't occur on certain types of areas (reserved blocks) cannot be the subject of a Petroleum Act licence and therefore cannot be developed for shale gas extraction (fracking), the Sacred Site Act NT register, zoning of land for appropriate development etc. How is, or can the Precautionary Principle be relevant to these mechanisms and decisions? Climate Change Climate change is a challenging environmental process impacting our environment now. What are the strengths, and the limitations, of the judicial role in responding to the pressures of climate change? Illustrate your answer by reference to case law or legislation. Biodiversity offsets Is offsetting really just a way of relaxing environment and planning controls to allow developers to do what they would otherwise not be allowed to do? How does/can the law ensure that offsetting truly is a last resort'? And even then is it really possible to improve or maintain' biodiversity values by offsetting? Public Interest Litigation What is public interest environment litigation and why is it important?

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