Environmental Law - an Overview - Term Paper Example

Environmental law Introduction Environmental law is a subdivision of law that focuses on the balancing the environmental issues of the public broadly, with property rights on development and use of the properties. The law torches all entities be they governmental bodies, businesses or the individual enterprises. It is a rigorous and interlocking body of treaties, conventions, regulation, statutes and common law that broadly functions to regulate the relationship natural environment and humanity. All these are for the purpose of reducing the activity of human actions on the natural environment. According to Fisher Douglas in his book ‘environmental law in Australia’ he postulates that environmental law is a mechanism set to check and limit all the activities by man to ensure the comfortability and survival of all other living things like the birds, marine life, plants and animals in their natural habitats. Environmental law hold closely the law of tort that tends to gives one grounds for redress and legal compensation when a civil wrong is committed towards him. The main concept in the law of tort which includes negligence, statutory tort, economic tort, nuisance, defamation, among many others still remains relevant in environmental law. Many people have used the law of tort to claim for damages arising from environmental issues. Like in the law of tort, the liabilities arising from the environmental breech of law are not the ones arising from contractual obligations. The law imposes liability upon al the members of the public toward the environment and cautions one to take calculated steps when dealing with plants and natural vegetation, domestic and wild animals in their natural habitat and birds, and especially the endangered species. Simple definitions in relation to the case Every person therefore has a duty of care to the environment. It is this duty of care that bestows upon every individual a legal obligation to act responsibly to avoid interference and breech of the environmental laws. By definition, legal obligation is the duty imposed upon someone by either written or unwritten law (Stahl 2007, pp.62). Legal liability is the condition of a person when he fails in the duty or the obligation legally imposed upon him. If the actions of a person, whether commission or omission cause harm to others, he is held responsible for the consequences and therefore this is termed a legal liability to him. Redress is the compensation that a plaintiff receives as damages for the injuries caused by the defendant out of his acts willingly or unintentionally. It is the degree of injury that determines the compensation. Various factors that can affect the compensation will include contributory negligence from the plaintiff and the foreseeability of the consequences among many others. Obligations, liabilities and redress Ivan Ayrehead In reference to our case, Ivan Ayrehead has a legal obligation to conserve and protect the environment. Environmental law requires that no cultivation or development that should be done on or near the river. Ayrehead should have known and considered this law and realized that the development of the said plot is breech of the law. Development of the site would result to pollution of the river by the residents which puts at risk the marine life which is just a half kilometers away. Because the development of the site means a breech of the environmental law it the carries with it a liability upon Ayrehead .The defendant, Ayrehead, therefore has an a legal liability and he does not seem to have any grounds for redress but on the contrary he is supposed to pay for damages that he causes to public and also to the birds in their natural habitats. However the court can issue injunctions to prevent Ayrehead’s development progress. Another legal obligation that Ayrehead has towards the environment is the protections of the oblong trench in the ground that is said to have been a former tick dip. The legal obligation herein is not to uncover the oblong because it can produce some unpleasant odor and the evil looking green slime can which will not be friendly to the eyes of the members of e community. By uncovering the oblong trench Ayrehead will impose upon himself and no redress that he can get. He is supposed to pay damages to the society as he exposes them to the dangers of the oblong. In a court of law an order can be made to make him cover the trench and injunction to cease operations. A legal obligation is also imposed on Ayrehead, like any other member of the society, by the sign which is alongside the estuary. It is a declaration that the site is protected and bars any development of the site because of the writing. It sates expressly that the site is a habitat for endangered and migratory birds. Any person who interferes with the site without the proper authority put s liability on himself and falls liable for paying the damages. Ayrehead cannot seek for any redress being the perpetrator of the whole negative consequences. Ayrehead has a liability imposed on him by the contractual relationship between him and the Rippit Earth Moving contractors. The liability can still be extended by the non delegable duty of care that requires the master to be held liable for the actions of the servants in the contact relationship. The Rippit causes pollution to the river because of the silt and the diesel leakage to the marine life. Liability can also be said to emanate from the negligence portrayed by the defendant by failing to notify the necessary authority for approval. The local hippies The local hippie, being the people around the said site has the obligation to protect the site and even conserve it as per the regulations of the environmental law. Their obligations include protection of the river against the possible pollution which would pose risk to the marine life just a half kilometer away as well as protecting the site as the habitat for the endangered and migratory birds. The community seems friendly to the environment because they had initially objected the move by Ayrehead to develop the site. They immediately call Environmental Protection Authority, and the officer in the authority Ivor Notebuk is sent to prevent the harm before it could get worse. The local hippies have no legal liability because they have not breeched any contract or contravened any of the environment laws and in a court of law they can seek redress from the defendant. The grounds for their compensation can be the odour and the evil looking green slime scene as well as their change of lifestyle. The court can issue injunction and thus bring to end the operation of the defendant. The common wealth minister for environment The common wealth minister for environment has a legal obligation to all the members of the society, the animals, birds, and the sea creatures and plants to ensure that all the necessary measures are taken and authority is imposes strict rules for environmental protection. The minister should also impose huge fines and penalties to the environmental law breakers to act as a cushion against destruction and misuse of the environment. The minister has a legal liability because the environment has been damaged under his power whereas he has capacity to prevent it. He is also responsible for the conservation and protection of all natural habitats for all species and especially the endangered species. He is answerable for all the misuse and damages caused on the environment during his tenure in office as the minister for common wealth. The liability upon the minister is brought by his failure in his duty to use the power given to him by the ministry to protect the animals, birds, plants and marine life. The minister cannot seek for any redress on his behalf but rather empowering the push for compensation of the local hippies. However he can give orders and authorize on what to be or not to be done. The NSW minister for planning The NSW minister for planning for planning has a legal obligation bestowed upon him by the his position as minister for planning. His obligation is to oversee all the planning development in his area under his jurisdiction. He is supposed to approve all the development plans and also bar any one from developing of any site which is not fit in his opinion. His legal liability arises when he fails to execute his power as a minister for planning and development take place without his approval the minister cannot seek any redress from the defendant but he can instruct that he pay the damages to the local hippies and any other plaintiff. The local council The local council has a legal obligation to protect and preserve the environment. The council should regulate and ensure compliance with the environmental laws. Its obligation also includes maintenance of the habitats reserved for the endangered and migratory birds. The legal liability arises when the council fail in its duty to and in this case a legal liability is imposed upon it because its mandate to avoid river pollution has been overstepped. The local council cannot seek any redress but can present to the court of law anybody who breeches any of the laws under it coverage. The NSW Environmental Protection Authority (EPA The NSW Environmental Protection Authority (EPA) is obligated to the society. The group is given power to oversee all the activities in the area and if in its opinion it feels that the activity is injurious to the health of the people, animals, birds and even the marine life, it can bar its operations. The authority can also present in the court of the law any person who contravenes the environmental law knowingly or otherwise. All these functions of the authority confer the legal obligation to the EPA. The authority has no legal liability because it executes it power very well and responds quickly to the society call. Immediately they are notified of the destruction by the local hippies they send their officer, Ivan, who instructs the Rippit contractors’ driver to cover up the mess immediately and even warns them that they can be answerable in a court of the law. The authority can not seek for any redress since there is no breeches acted toward them but on behalf of the local hippies they can present and represent the hippies against the defendant. The Rippit Earth Moving contractors The Rippit Earth Moving contractors owes alegal obligation to the society. Contractors and their employees under the Qld Workplace Health and safety Act, has an obligation to protect the members of public from the dangers of the buildings and their maintenance work (www.deir.qld.gov.au). The contractor is obliged to ensure the safety of the public and any activities to jeopardize the safety should not be undertaken .The activities of the contractors should not pose risk to the public and all the necessary regulations should be put to place whenever any work is going on. In our case the Rippit contractors have a legal obligation to the local hippies to protect them from any of the dangers caused by their activities. They are also obligated by law to protect animals, birds and marine life. Their engagement in developing the site is against the environmental law which they could also have seen from the rivers nearness to the river and the sigh just next o the estuary. The contractors get their legal liability by breeching their duty to protect the environment by exposing the evil looking green slime and pollution to the river by silt and diesel oil flowing to the river after they broke the trench. A liability is also extended by the destruction of the habitat of the migratory and endangered birds. The injury that the driver cause are also a liability to the contractor as this can be termed as negligence and is extended to the contractor by the tort on vicarious liability. The doctrine of vicarious liability causes transfers liability to the person who has not caused injury personally but rather one who has a legal relationship with the negligent person who cause the injury (Cousins 2008, pp. 72). It is therefore true that the contractor can be held responsile for the mistakes of the employees including the driver. The contractor can not seek for any redress whatsoever but on the contrary they will be required to pay for damages caused to the society, the marine life, and the birds in their habitats. Stirling Effort Stirling Effort, the Rippit construction driver, has a legal obligation to the environment at his capacity as a driver. Stirling Effort is expected to show his diligence to the work of the machine he is working with. He is supposed to excise reasonable care as any other driver with experience would have done. He is not supposed to uncover the oblong trench which exposes the evil looking green slime due to its effects to the society. The smell and the scene is also said to ugly and therefore his work should not put anybody to risk. He also endangers the marine life by breaking to the river the silt and d more dangerously the diesel oil to the river which poses a great risk to the sea creatures. He is also causing harm to the birds by destroying their habitats all this breaches cause liability which is due to his negligence of his legal obligation. The fact that the driver is working under the instructions of the master, which does not remove his liability from him .the question is how a driver of the machine of that kind would act in the same situation and condition. The driver cannot seek for redress from any person but on the contrary he is supposed to be held liable of his negligence and asked to pay for damages. The courts can also issue the injunctions to the drivers operations. Bibliography Bates, G. (2002). Environmental law in Australia. LexisNexis Butterworths press. Pp.12-44 Cousins, J. (2008). Vicarious liability: where does the workplace end? Victoria: Leo Cussen Institute. Pp 46-94 Fisher, D.(1980) Environmental law in Australia: an introduction. Queensland: University of Queensland Press. Pp. 2-18 Stahl, F. (2007). Principles of Law. Word Bridge Publishing. Pp.56-8 P.A. Management Consultants (1974). A guide to environmental law in Australia. Pp.14 -26 ‘Workplace Health and Safety Queensland’ Retrieved on 10th May, 2010 from Read More