1.5 How can the public participate?

Public participation in environmental decision-making is a crucial factor in ensuring that the law works effectively to protect the environment. The importance of community participation has been recognised in many environmental laws.

For example, one of the stated objects of the NSW Environmental Planning and Assessment Act 1979 (EPA Act) is "to provide increased opportunity for public involvement and participation in environmental planning and assessment".1

Mechanisms enabling public participation

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

• access to information provisions (e.g. through public registers);2
• public notification requirements (e.g. sometimes governments are required to publish notices of applications and decisions on the internet);3
• community consultation requirements (e.g. through public submissions);4
• community representation on advisory or decision-making bodies;5
• statutory rights for individuals to seek reasons for a government decision;6
• statutory rights for individuals to bring civil proceedings (eg merit appeals and judicial review);7 and
• the right for third parties to be joined in some proceedings (joinder).

The purpose of these fact sheets is to identify the opportunities for public participation under both NSW and Federal environmental laws. Turn to the relevant fact sheet to find more detail on each area of environmental law.

The right to bring proceedings (standing)

In NSW most environmental legislation allows any person to take civil proceedings to remedy or restrain a breach of the law.8 The legal term for this right is “open standing”. However, there are still some restrictions on standing (i.e. who can bring proceedings) at the Federal level.

For example, the Commonwealth Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) only allows persons who are “aggrieved” by a decision to seek judicial review of a federal decision.9 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 Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) extends standing for Federal environmental matters by allowing any 'interested person' to seek an injunction to restrain a breach of the EPBC Act.10

An 'interested person' is defined as: 10

• for an individual: a person whose interests have been, are or would be affected by the conduct or proposed conduct, or who has been involved in a series of activities for the protection, conservation, or research into, the environment for the past 2 years or more;11 or
• for an organisation: an organisation whose interests have been, are or would be affected by the conduct or proposed conduct, or that has been involved in a series of activities to protect the environment for the past 2 years or more, and has among its objects and purposes the protection or conservation of the environment, or research into the environment.12

For more information on ways to participate in environmental outcomes, see Topic 10 Advocacy.

1. Environmental Planning and Assessment Act 1979 (NSW), s 5(c).
2. See Fact Sheet 10.3 on Access to information.
3. For example see the NSW Department of Planning and Infrastructure’s Major Projects Register.
4. For example see the NSW Department of Planning and Infrastructure’s Major Projects Register.
5. For example Community Conservation Advisory Committees.
6. Administrative Decisions Tribunal Act 1997 (NSW); Administrative Decisions (Judicial Review) Act 1977 (Cth).
7. See Fact Sheet 2.4 Land and Environment Court, and Fact Sheet 3.1 EPBC Act.
8. EPA Act, s 123; Protection of the Environment Operations Act 1997 (NSW), ss 252, 253.
9. ADJR Act, ss 5-7.
10. Environment Protection and Biodiversity Conservation Act 1999 (Cth), s 475(1).
11. EPBC Act, ss 475(6), 528.
12. EPBC Act, ss 475(7), 528.

This site was last updated Thursday 17 May, 2012
EDO NSW
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