These Fact Sheets are a guide only and are no substitute for legal advice relating to your particular issue. If you need legal advice about your particular issue, please call our FREE Environmental Law Advice Line

The information in this fact sheet is up-to-date as of April 2012.

1.2 How can I find environmental laws?

How can I find environmental laws?

Finding Legislation Online

There are a number of different websites through which legislation and case law can be viewed online.

NSW and Federal case law can be found at http://www.austlii.edu.au

Sources of law

The two sources of law in Australia are legislation (law made by Parliament) and common law (judge-made law, or case law).

Legislation

Legislation is the main source of environmental law in Australia. Legislation (also called statute or statutory law) refers to the Acts and Regulations which are made by State or Federal Parliaments.

Legislation sets out the powers and processes by which ministers, government departments and local councils must make decisions about the environment. Legislation also sets out the enforcement powers and penalties for breaching environmental laws.

Legislation can empower other public authorities to prepare plans and policies about the environment, e.g. enabling local councils to prepare local environmental plans (LEPs).

Click here to access NSW legislation as well as all State, Regional and Local Environmental Plans in NSW (see under EPIs - Environmental Planning Instruments).

Click here to access Federal legislation on the ComLaw website.

Strictly speaking, international environmental treaties and conventions are not a source of environmental law in Australia unless they have been recognised through domestic legislation. Even if an international treaty or convention has been signed or ratified by Australia it is not enforceable until domestic legislation has been enacted. To find out more about international environmental law as a source of law, see http://www.edo.org.au/edonsw/site/factsh/fs03_3.php. Find out more about how international treaties and conventions are negotiated and implemented.

Click here to find the text of international treaties and conventions.

Common law

The common law is also part of environmental law. Common law is law made by the courts. It is sometimes called judge-made law, or case law.

Under our common law system, the role of the courts is to:

  • settle disputes about what legislation means in practice by interpreting the legislation, and
  • determine whether there has been a breach of the law and, if so, to decide on the appropriate penalty or remedy.

The decision of a court (a judgment) can form a precedent which other courts at the same or lower level in later cases are bound to follow.

Click here to access NSW Land and Environment Court judgments.

Click here to access Federal Court, Federal Magistrates Court, and High Court judgments.

Working out what the relevant environmental law is for a particular problem can be complicated. It may involve a two-step process of identifying the correct piece of legislation, and then finding out how the courts have applied that legislation. There may be several pieces of legislation that apply to a particular problem.

Legal Information Access Centre

For assistance with legal research, consider contacting the Legal Information Access Centre (LIAC). LIAC is a specialist information service run by the State Library of NSW and is free for NSW residents.

LIAC provides legal research assistance through specialist librarians based at the State Library.

Sydney

LIAC's Head Office in the NSW State Library holds a range of environmental law texts in hard copy. Through the computers at LIAC's research centre in the State Library, you can also gain online access to an extensive number of legal research materials (eg planning and environmental law loose-leaf services).

Rural and remote access

Many public libraries across NSW have some environmental law texts in hard copy. You can also contact LIAC by email or phone and their librarians will discuss how they can assist with online access to more detailed legal research materials if necessary.

For more information on legal research at LIAC:
  • visit LIAC's website, or call the LIAC Head Office at the State Library of NSW in Sydney on (02) 9273 1558 between the following hours:

    Monday to Friday, 10.00 am to 5.00 pm 
    Sunday 10.00 am to 5.00 pm 
    (Closed on Saturdays)

  • email liac@sl.nsw.gov.au
  • fax on (02) 9273 1250
  • by post

    Legal Information Access Centre
    State Library of New South Wales
    Macquarie St
    Sydney NSW 2000

EDO logoThis site was last updated Thursday 17 May, 2012
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