The information contained in this fact sheet is current as at 1 January 2005.
Topic 1 - Introduction to Environmental Law
1.2 Sources of Environmental Law
Finding Legal Information Online
To access New South Wales legislation online, visit www.legislation.nsw.gov.au.
To access state and federal legislation, cases and secondary materials, visit www.austlii.edu.au.
The two sources of law in Australia are legislation and common law.
Legislation is law made by the state or federal parliament. Legislation is also known as statute law. Legislation made by parliament may allow other public authorities to prepare ‘subordinate legislation’, such as regulations or environmental planning instruments.
The common law is based on a court's interpretation of earlier decisions of other judges. Under a common law system, a court's decision sets a precedent for courts at lower levels to follow. Common law interacts with legislation insofar as court decisions in relation to the interpretation and application of legislation establish a precedent for future decisions.
Common law has largely given way to legislation in Australia as a means of dealing with environmental matters. The complexity and dynamic nature of environmental issues has shown the common law to be a particularly blunt instrument for dealing with environmental problems.
