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Warning: The information in this fact sheet may be out of date and should not be relied upon. We are currently in the process of updating all fact sheets.

The information contained in this fact sheet is current as at 23 April 2008

Topic 1 - Introduction to Environmental Law

1.6 Role of the Courts

The New South Wales Land and Environment Court is a specialist court designed to deal with a wide range of environmental and planning matters.

The Land and Environment Court hears merit appeals, judicial review proceedings and criminal prosecutions. For further information about the Land and Environment Court see 2.1.5 – Legal Proceedings in the Land and Environment Court.

The Federal Court of Australia hears cases dealing with environmental matters under federal law. For example, civil and criminal proceedings arising under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.

Courts have a broad range of powers to deal with environmental matters. These include:

• orders to stop someone from doing something (an injunction);
• the power to make a declaration regarding legal rights or duties or the state of the law;
• the power to fine or imprison environmental offenders; and
• the power to order the restoration of the environment (remediation orders).

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