Environmental Law: Rules and Regulations - Report Example

Your name Course name Course Instructor Date of Submission Environmental Law Introduction There are numerous rules and regulations in addition to laws that are governing development and construction in various parts of the world. This is due to the fact there are building and construction has been proved to be one of the factors that are facilitating environmental degradation. Hence, in order to prevent environmental degradation and facilitated environmental conservation, laws have been enacted in many different countries so as to govern this issue. Therefore, Blissful Estates will have to consider a number of regulations before getting an approval for the development activities intended. Some of the regulations that the firm will put into account before getting the approval include the stipulations of the Development Act (1993), Development Regulation 2008, and the Environment Protection Act 2004. Others are the natural Resources Management Act 2004 and the Environment Protection and Biodiversity Conservation Act. Legislation and Regulations Development Act 1993 In order to start your (Blissful Estates) development plan, you will be needed to consider the regulations and controls under Development Act 19931. This Act provides a legislative framework of creating the planning and development systems in Australia in which the targeted Land X lies. The Development Act 1993 is the main legislation control approved by the South Australia State Parliament to create the planning and development system framework and several other controls and measures necessary in development activities. The act has been amended severally to suit the changing developments and changes in environmental conditions and the current regulations are contained in the Development Regulations 20082. Blissful Estates in undertaking a land division of Land X to create 60 housing allotments and two large public reserve allotments will need to seek approval under s32 of the Development Act (SA) 1993. This is because the construction of the allotments constitute as ‘development’ under s4 of the Development Act. The relevant authority would normally be the local council but it can also refer to Development Assessment Commission or a regional development assessment panel. Note that s56A of the Act require council to establish a Development Assessment Panel to act as a delegate of the council. The relevant authority would be responsible for the assessment and decision of the development application. S32 explicitly request approval because a development can be undertaken and to grant the approval, it required a number of consents such as (1) development plan consent; (2) building rules consent; (3) satisfaction of the requirement for water supply and sewerage service, adequate open space and adequate easement and reserve regards to division of land; (4) satisfaction of the requirement for the payment to Planning and Development Fund; (5) consent regards to encroachment of building over a public place and (6) consent relate to any other prescribed matter. Blissful Estates in undertaking a land division of Land X to create 60 housing allotments and two large public reserve allotments will need to seek approval under s124(1) of the Natural Resource Management Act (SA) 2004. This is because the construction of the allotments constitute as ‘natural resources’ under s7 of the Natural Resources Management Act. The relevant authority would normally be the local council but it can also refer to Development Assessment Commission or a regional development assessment panel. It is worth to note that under s146-164 require every business organization to have a license from the ministry of natural resources permitting it to have access and use natural resources especially water. Hence, the relevant authority would be responsible for the assessment and decision of the development application. However, s124(3) require a license so as to maintain the rate at which water is being used so as to prevent excessive or under use of water and facilitate water allocation plans as stipulated under s76. It will also enable government to know whether you are using water for domestic or industrial purpose as described in s124 (4) & (5). Blissful Estates in undertaking a land division of Land X to create 60 housing allotments and two large public reserve allotments will need to comply with s4 of Development Act 1993 which contains the guidelines for development evaluation processes. You will be needed to come up with a good and perfect development evaluation process as stated in s22. According to ss23-31, you will be needed to ensure that you don’t interfere or destroy other infrastructures such as water supply system especially pipes that are laid underground. You will be therefore required to evaluate critically land X and ensure that you have proper process in place so as to start constructing and developing land X3. Also, you Blissful Estates are supposed to preserves s6 of the Development Act 1993 so as to develop Land X by creating 60 housing allotments and two large public reserve allotments. This is due to the fact that according to s23(3), it is only preservation and operating in accordance to this part that will provide you with an opportunity to carryout. It will also allow you to carryout lake excavation as part of your development activities. When putting into considerations that land X is located on the coastal regional and on a developed region, maybe you will want to excavate other resources from the lakes and construct marine berth. It is therefore of great significance that you operate in accordance to Development Act Part 4, ss32-56 in addition to good planning which are the key factors required in order to carryout these development and construction activities without causing any harm to the surrounding societies or the environment at large as provided in s22. Blissful Estates in developing water supply system in Land X to create 60 housing allotments and two large public reserve allotments will need to seek approval under s124(1) of the Natural Resource Management Act (SA) 2004. This is because the construction of the allotments constitute as ‘development’ under s of the Development Act Environment Protection and Biodiversity Conservation Act Blissful Estates will need to consider the stipulations of the Environment Protection and Biodiversity Conservation Act of 1999 to get its development proposal approved. The act provides a legal framework to safeguard and manage important animals, plants, ecological and heritage places stated in the Act. The EPBC Act enables the Australian Authorities to collaborate with the states and territories in maintaining a real nation strategy of environment and heritage protection and biodiversity protection. Blissful estates should thus ensure that its development proposal abides to the regulations of the Act to facilitate its approval. The company should consider the objectives of the act to ensure that it does not violate or contravene any of them in its proposal. Some of the objectives of the Act include safeguarding the environment especially in issues concerning national environment significance and protecting Australian biodiversity and providing a harmonized national environmental and evaluation process4. Others are promoting the protection management of significant natural and cultural sites and safeguarding plants and animals in the environment. This company will be needed first to assure government and concerned ministry that it will help protecting environment and conserving biodiversity. It should assure the concerned ministries by putting in place strategies and means through which it will attain and facilitate this significant issues for instance by planting trees and reduced production of fumes and smoke. By attaining this, this company will have secured high chances of being approved and even accepted by the residents of this area who in many cases have been against development activities especially those offered by this company5. Native Vegetation Act 1991 Blissful Estates will also need to consider this Act which was established to provide incentives and aid to property owners in regard to preservation and promotion of native vegetation, to regulate the clearance of indigenous vegetation and other relevant objectives. The company will need to liaise with the Native Vegetation Council to ensure that none of its plans contravenes the stipulations of the Act6. This is because the development activities will include clearing vegetation including the indigenous vegetation to construct buildings. The objectives of this Act include conserving, safeguarding and promoting of the indigenous vegetation of the State with the intention of preventing further minimization of biological diversity and degradation of the environment and loss of important indigenous vegetation in the State as a result of development activities or otherwise7. Other objective is to offer incentives to landowners to promote their desire to preserve enhance and appropriately manage the indigenous vegetation. The act also objects to restrict the clearance of indigenous vegetation to clearance in specific instances including instances where the clearance will promote the management of other indigenous vegetation or will promote the profitable use of land for basic production. Control of clearance under the Act Blissful Estates will consider Division 1 of the Act which governs the control of clearance and is enforceable under the law. This is because anyone found guilty of clearing natural vegetation centrally to the stipulations of the Act is liable for a fine computed in terms of the hectares of land cleared. The Native Vegetation Council is responsible for initiating civil suits against anyone found to have contravened the stipulations of the Act8. This company will also be required to preserve this act due to the fact that vegetations are significant factors used in environmental preservation and protection. Thus, since this company is associated with development activities, if it does not convince the concerned ministries fully and enable them see exactly how they will preserve environment by reducing clearance of vegetations while encouraging planting of more trees, it might not be approved. Generally, Blissful Estates will be needed to attain numerous legal requirements as discussed above so as to be approved. This is due to the increased concern about environmental pollution and increased need of environmental preservation that have led to implementation of numerous laws not only in Australia but across the world governing and aimed at reducing environmental pollution. It will be needed to prove that its activities would actually preserve environment and that it will have no negative effects on the people and surroundings of land X. Thus, the company should be aware that it has minimal challenges of being approved and be sure that incase it doesn’t meet all legal requirements it will have no otherwise other than being disapproved. Therefore, in order to avoid this wrath, I would like to Blissful Estates that it should put into consideration laws of the land in order to be approved. Works Cited Silyok, V. Environmental laws: Summaries of statutes administered by the Environmental Protection Agency. New York: Nova Publishers, 2001, 12-122 Read More