Legal Advice and Obligations of Each Concerned Party to Environmental Law - Research Proposal Example

Name Tutor Task Date Introduction Environmental law is seen as a rather complex body of conventions, treaties, regulations, statutes as well as common law which mainly operates as a regulatory measure to human interaction with the natural environment. It helps in decreasing the effects of the activities of man on the environment. This important law serves to protect the environment as well as the general population. It protects all people and should thus be free from discrimination (Stuart and McGillivray, 11). In the given case, each party has its own rights in relation to environmental law. The following essay gives legal advice and obligations of each concerned party. Discussion The legal obligations and liabilities should be considered by all the parties involved. In the case of Ivan Ayrehead he should have made sure that the project is satisfactory to all the parties involved in areas like environmental safety. The contractor should assume responsibility for loss of or damage that the project would incur either by omission or otherwise. This principal takes into consideration the fact that the contractor’s level of liability matches his reward and for the case of equity should be limited to when Mr. Ivan Ayrehead should have been in control of the damages occurring (Stuart and McGillivray, 17). . He should also cover the effects of pollution and contamination of whatever kind emanating from the whole project regardless of the cause. Legal liability for the third party who in this case is the community should include claims in respect to consequent losses, pollution and seepage, loss or destruction of property. The general liabilities for the third party to be considered in this case include: Claims in relation to consequential losses Claims relating seepage and pollution Loss or destruction or damage of any properties Liability claims for possible body injuries All these are possible liability claims that the contractor should have considered at hand before beginning the project (Murphy and Bendell, 152). The Commonwealth Ministry for Environment The commonwealth native title Act in 1993 has in the past transformed the ways in which Indigenous people’s rights over land may be recognized and incorporated in the Australian legal and property regime The environment should be dully protected as a legal obligation for the party wishing to start the project this can be achieved through establishment of regulatory frame work ,monitoring of project after approval and environmental appraisal, environmental laws in this case should be used to provide background for determining the main issue to be considered in the environmental appraisal this takes into account practical information concerning emission limits allowed, pollution of the land control, assessment of environmental risks in this case protection of the endangered birds and the hippies lifestyle. The commonwealth should include legal arrangement to keep track of environmental impacts associated with the wind firm and effective mitigation measures (Australian Insurance Law Bulleting, 16). Regulatory framework for the wind project: This framework consists guidelines according to environmental due diligence for wind energy projects which consists of national and regional statutes to ensure best practices. Environmental appraisal of the project The objective of this is to assess the environment as well as the opportunities presented by the project the expected outcome is then used as a matrix to provide analysis for the potential risks associated with the project this covers potential environmental issues associated with onshore wind projects, on-site contamination, hazardous materials emitted form the project and protection of biodiversity in this case the birds that are endangered and the health safety of the workers. The risk potential of the wind project should be addressed in legal obligation which includes impending environmental legislation that may affect the project and environmental liability of the host community. This is to mitigate possible environmental impacts that the project poses if not managed well and which could affect the flora and fauna, human communities as well as cause irreversible damages. Mitigation measures that are put in place should be able to reflect preservation of existing animal habitats to establish protection parameters of valuable ecosystems incase construction activities are not allowed and if they will disturb nesting plat forms for the birds. Environmental issues relating to public opinion include; land use incase of proximity to populated areas, noise emission which should be compliant with local and national regulation, the local community’s approval should be sought during the early planning stage, compensation to the community to settle the conflict of interest (Australian Insurance Law Bulleting, 28). Local Community The local community should be fully involved in the process due to the potential existence of conflict of interest. The project location should be considered on a case by case basis meaning that the specific conflict should be identified. The hippie community in this case have a right to seek legal redress with regards to the enactment by the Australian High Court which recognizes the native title rights for indigenous people (native title Act 1993, ambov state of Queensland) and from which the title tribunal arose from the case at which the High court held that determination functions of the human rights and equal opportunity this provides for all native title and most importantly compensation which is lodged in court no. (s13). (Australian Insurance Law Bulleting, 30). The hippie community can therefore challenge the development and put a stop to it while this challenge is heard in court. This is also advantageous to them because they may not be required to provide any undertaking to cover the cost of the delay brought about by their legal challenge though this case is not entirely applicable to other courts in the state NWS Ministry for Planning The ministry should ensure that as Mr. Ivan before proposing new development of the project public consultation should be sought rather than only considering what is statutorily required as Mr. Ivan did (Murphy and Bendell, 206). This can be further explained in relation to a recent case of South Fremantle Residents Association that recently applied to various Western Australian government decisions to approve a site at the south beach. The decision was halted on the basis that they had to consult before planning the project for it to be approved. The justice decided there was an arguable case that the association should have consulted about the site remediation plan acting on consideration of the people who would be affected by the plan (Trinidae and Peter, 132). The ministry of planning also with the expectation that the planning and development bill for 2005 will replace the existing pieces of planning in Western Australia in an attempt to simplify the states planning law proposing changes. This will happen in areas such as making decisions on planning such that the ministry will require payment of full regard to local planning schemes when making subdivision decision. Environment protection (environment sensitive areas) notice of 2005 gazetted on 8 April 2005 shows changes in planning and environment looks at issues like ministerial authorization allowing planning authorities to approve an amendment to a planning scheme, reviewing planning scheme and municipal statement strategies annually (Trinidae and Peter, 146) Rippit Contracters They should have but not necessarily acquire a local license to operate in the area. This may be required prior to starting any construction in any given area thus calling for liaison with local authorities. There is also the need to incorporate local labour in the construction though not necessarily. The contractors however have no liability to the third parties who in this case are the hippie community this is because there exists no contract between the contractors and the community. The contractors have a contract only with Mr. Ivan who is the owner of the project. Incase of damages caused by the construction process as was the case when the oil spilled and led to deposition of silt in the area, the contractor may face claims from the project owner i.e. Mr. Ivan, the contractor may be held liable under criminal law on the code of obligation (Stuart and McGillivray, 166). . There is also need for both the contractor and the owner of the project to be insured on coverage of civil liability relating to damages emerging from the construction work. (la construction, journees Suisse du droid de la construction.JDC,2007,pg [265-87]) for example in countries like Switzerland have environmental law that assess impacts of the project on the environment . Construction projects need to be separated into normal and hazardous or special waste regulations. Stirling Effort As a worker, Stirling needed to have relevant information on to the line of job accidents are bound to happen in any construction site like explosions, equipment malfunction whenever an accident occurs there would be liability attached to it in the case of the driver on determining the responsible party who in this case is Mr. Ivan this can be solved by filing a law suit in the court where a construction liability attorney is required. One of the things he should consider is the right to claim for compensation or damages arising from the construction there is thus need to consult a construction liability attorney who has expertise in this field. As an employee working in a construction site he has a right to work in a safe working environment thus calling for increased safety measures. In this case, a construction liability attorney would help calculate the damages likely to be incurred by the construction worker (Stuart and McGillivray, 201). . The Local Council The local council has to exercise the functions associated with role in development assessment this goes in line with the development Act of 1993 and 2008 respectively. Development such as infrastructure works in for example the river Murray or coastal areas is necessary to get development consent from the local council this is according to the list of classes of development requiring building consent in accordance with the section 33(4a) of the regulation Act (Murphy and Bendell, 302). . Environmental protection agency (EPA) is the relevant authority that should be consulted on any non-complying development like developing projects near or across river Murray or water protection area. It is the legal obligation to direct conditions or refusal for development consent by the authority but it should identify the necessary conditions for refusal. The applicant has a right to appeal against imposed refusal by the environmental protection authority.( EPA) There is also a need for ministerial intervention in determination of negotiation between the community and the contractor who in this case is Mr. Ivan where incase there is no agreement various interests of the hippie community should be of priority this relates mainly to economic benefit that the hippie people would get, national or state interest should also be satisfied as per the s34A.The minister may make an early determination in the interest of the state or territory or national interest. Conclusion In conclusion environment and planning considerations plays a critical role in the success of many projects and commercial transactions. There is a group of lawyers known as the Free Hills’ Team of Environmental and Planning Lawyers adopts a practical, commercial approach to addressing these issues, helping their clients achieve their development and business goals (Harrison, 47). According to Harrison the group of lawyers offers a range of legal and strategic services, including advising on: Environmental impact assessments as well as approvals for major projects Land use approvals  Pollution control and incident management  Contaminated land issues  Climate change issues Native title  attainment advice Indigenous and non-indigenous heritage related issues Due diligence concerning environmental laws and environmental matters. Works Cited Australian Insurance Law Bulleting, Policy Triggers in Construction Liability Insurance, 2008. Harrison, K. Voluntarism and Environmental Governance. Toronto: University of Toronto press, 2001. Murphy D. and Bendell J.In the Company of Partners Environment Groups and Sustainable Development. Bristol: Policy Press, 1997. Stuart Bell and McGillivray D.Environmental Law.Oxford: OUP Oxford, 2005. Trinidae, F and Peter C. The Law Of Toris In Australia, 1999. Stuart Bell (Auth› Visit Amazon's Stuart Bell PageFind all the books, read about the author, and more.See search results for this author Are you an Author? Learn about Author Central Read More