The information contained in this fact sheet is current as at 1 January 2005.

Topic 1 - Introduction to Environmental Law

1.7 Role of the Public

Public participation in environmental decision-making is a crucial ingredient in using the law to protect the environment. The importance of community participation in environmental decision-making has been recognised in environmental legislation.

For example, one of the stated objects of the New South Wales Environmental Planning and Assessment Act 1979 is 'to provide increased opportunity for public involvement and participation in environmental planning and assessment'.

Environmental laws generally provide a range of opportunities for people to become involved in an environmental issue. Legal mechanisms to enable public participation in environmental decision-making include:

access to information provisions;
public notification requirements;
community consultation requirements;
community representation on advisory or decision-making bodies;
third party merit appeals and judicial review;
third party prosecutions; and
third party joinder.

In New South Wales, most environmental legislation allows any person to take proceedings to remedy or restrain breaches of the law. The legal term for this right is ‘open standing’. There are still restrictions on standing in other states and at the federal level.

For example, the Commonwealth Administrative Decisions Judicial Review Act 1977 only allows persons who are ‘aggrieved’ to seek judicial review of a federal decisions. To establish that they are ‘aggrieved’ by the decision, a person must be able to show a special interest above and beyond that of the general public.

The Commonwealth Environmental Protection and Biodiversity Conservation Act 1999 extends standing for federal environmental matters by allowing any ‘interested person’ to seek judicial review of decisions made under the Act. An ‘interested person’ is defined as:

an individual citizen or resident who has been involved in a series of activities to protect the environment for the past two years or more; or
an organisation that has been involved in a series of activities to protect the environment for the past two years or more, and has protection or conservation of the environment, or research into the environment, among the objects or purpose of the organisation.