14-local-government-chapter11.pdf (application/pdf Object) Nat Parks (Illegal Forestry) - LC 2nd Read.pdf (application/pdf Object) NEFA, FNSW, Doubleduke, prosecution. MEDIA RELEASE 17 October 2011 NEFA welcomes the belated prosecution of Forests NSW for logging an Endangered Ecological Community in Doubleduke State Forest, west of Evans Head in north-east NSW. The prosecution was commenced by the Office of Environment and Heritage in the Land and Environment Court on Friday in response to detailed complaints made by the Clarence Environment Centre and NEFA over 16 months ago. As well as logging, killing and damaging some 1,500 trees and shrubs in the Endangered Ecological Community Sub-tropical Coastal Floodplain Forest, NEFA reported breaches of numerous statutory licence conditions, including failure to identify and protect Yellow-bellied Glider feed trees, locations of endangered plants, and a wetland NEFA spokesperson, Dailan Pugh, said that since then Forests NSW and their Minister have repeatedly claimed that they did nothing wrong.
“We hope that this signifies a new will to enforce threatened species laws in north-east NSW’s public forests”. Why the Toolangi case was so important | EDO Vic. On 14 March 2012, environment group MyEnvironment lost their Supreme Court case against Vicforests. The Court rejected their argument, made on their behalf by their lawyers Bleyer Lawyers and barristers Kristin Walker and Emrys Nekvapil, that Vicforests ought not be able to log forests at Toolangi that are habitat for the critically endangered Leadbeaters Possum.
The case’s many supporters will no doubt be disappointed with the final decision, however they can be reassured that the case was not in vain. Perhaps unsurprisingly, in his response to the decision, Victorian Agricultural Minister Peter Walsh suggested the case was a waste, stating that the decision ‘endorses Victoria’s sustainable forestry practices’. Mr Walsh also stated that the case ‘was a deliberate tactic to tie up resources’. In any case, Minister Walsh is wrong. A proper understanding of the case shows not only the important public interest basis for the case, but also what it actually achieved for the environment. VCEC Website: Inquiry into Victoria's Regulatory Framework.
VCEC Website: Regulation Review. 10-1155-reducing-regulation-made-simple.pdf (application/pdf Object) The Five Principles of Good Regulation | Policies. Regulatory offences. A regulatory offence or quasi-criminal offence is a class of crime in which the standard for proving culpability has been lowered so a mens rea (Latin for "guilty mind") element is not required. Such offences are used to deter potential offenders from dangerous behaviour rather than to impose punishment for moral wrongdoing. Absolute liability offences[edit] An absolute liability offence is a type of criminal offence that does not require any fault elements (mens rea) to be proved in order to establish guilt. The prosecution only needs to show that the accused performed the prohibited act (actus reus).
Due to the ease with which the offence can be proven, only select offences are of this type. Public welfare offences[edit] A crime for which "a reasonable person should know [that the proscribed activity] is subject to stringent public regulation and may seriously threaten the community's health or safety. " See also[edit] Strict liability. In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his acts and omissions regardless of culpability (including fault in criminal law terms, typically the presence of mens rea). Strict liability is prominent in tort law (especially product liability), corporations law, and criminal law.
For analysis of the pros and cons of strict liability as applied to product liability, the most important strict liability regime, see product liability. Tort law[edit] In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. A classic example of strict liability is the owner of a tiger rehabilitation center. Bicycle-motor vehicle accidents[edit] Criminal law[edit] Vicarious liability (criminal) The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. Before the emergence of states which could bear the high costs of maintaining national policing and impartial court systems, local communities operated self-help systems to keep the peace and to enforce contracts.
Until the thirteenth century, one of the institutions that emerged was an involuntary collective responsibility for the actions committed by one of the group. This was formalised into the community responsibility system (CRS) which was enforced by a fear of loss of community reputation and of retaliation by the injured community if the appropriate compensation was not paid. In some countries where the political system supported it, collective responsibility was gradually phased out in favour of individual responsibility. In Germany and Italy, collective systems were in operation as late as the sixteenth century.
Clifford.ashx (application/pdf Object) VCEC Website: Completed Inquiries. A Sustainable Future for Victoria - Getting Environmental Regulation Right.pdf (application/pdf Object) A Sustainable Future for Victoria - Getting Environmental Regulation Right.pdf (application/pdf Object) 220110 Inquiry into environmental regulation Victorian Government response.pdf (application/pdf Object) VAFI VCEC Submission FINAL.pdf (application/pdf Object) Environmental law. Environmental law is a collective term describing international treaties (conventions), statutes, regulations, and common law or national legislation (where applicable) that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity.
The topic may be divided into two major subjects: pollution control and remediation, and resource conservation, individual exhaustion. The limitations and expenses that such laws may impose on commerce, and the often unquantifiable (non-monetized) benefit of environmental protection, have generated and continue to generate significant controversy. Given the broad scope of environmental law, no fully definitive list of environmental laws is possible. The following discussion and resources give an indication of the breadth of law that falls within the "environmental" metric. History[edit] Controversy[edit] Necessity[edit] Cost[edit] Effectiveness[edit] Environmental law by country[edit]
Policy Sciences, Volume 31, Number 3. Malcolm Sparrow on Controlling Risk. Interviewed by Doug Gavel on May 1, 2008 Controlling risks, or harms, is a central challenge for government regulators charged with the task of reducing societal ills and preventing bad things from happening. Understanding and unraveling the chain of components that comprise risk is the focus of Malcolm Sparrow’s current research. Sparrow is professor of the practice of public management and author of “The Character of Harms: Operational Challenges in Control.” Q: In your research you advocate the systematic disaggregating of broad generalities of risk into specific well-defined problems so that smaller-scale specific interventions can be attempted.
Please elaborate. Sparrow: A lot of my past research has focused on regulatory practice. What is this new emerging practice about? Increasingly, we see police agencies, environmental agencies, occupational safety, even custom officials focusing deliberately on specific, carefully identified problems. I described the adult approach.
Managing Regulation, Enforcement and Compliance. The Regulatory Craft: Amazon.ca: Malcolm K. Sparrow.