From the Editor

Spotlight on laws to protect environment from threats

MICHAEL ESPOSITO, EDITOR

Asobering report by former Chairman of the Australian Competition and Consumer Commission Graeme Samuel AC, in his review of the Environment Protection and Biodiversity Act which the Federal Government released earlier this year, warns warn that Australia’s natural environment is under grave threat, and current laws have not been effective in preventing the degradation of the country’s biodiversity.

The report makes 38 recommendations, including establishing an independent regulator to oversee the application of the EPBC Act, and the formation of and legally binding national environmental standards.

Laws that relate to protection of the environment are under increasing scrutiny amid the rising existential threats to the

VALE: BRIAN EDMUND WITHERS AM

The Law Society was saddened to learn of the passing of Brian Withers AM. Brian was a towering, yet extremely humble, figure in the South Australian legal profession.

Brian was President of the Society in 1990-91, and Chair of the Legal Services Commission from 1997 to 2004. He was a long-standing Member and Chair of the Society’s Justice Access Committee, was instrumental in the creation of the Litigation Assistance Fund, and was appointed Master of the Supreme court in 2004.

Brian was awarded the inaugural Law Society of South Australia Justice Award in 2004, for outstanding commitment to promoting access to justice in South Australia. In 2005, the Society introduced the “Brian Withers Award” for services to the Law Society and profession, in recognition of and gratitude for Brian’s contribution to the South Australian legal profession. environment and the urgency with which the need to address these threats.

This edition of the Bulletin looks at environmental laws from a number of angles. Christina Lien explores the rapid rise of environmental law over the past 3o years and its contribution to administrative law jurisprudence. Paul Leadbeter, David Cole and Michael Doherty examine the role of climate change policy in the State’s new planning code. Kyra Reznikov details changes in the Mining Act with regards to assessing the impact of mining projects. Melissa Ballantyne explains the important role of the Environmental Defenders Office, and Sophie Howe summaries the Federal Court’s decision in relation to an appeal for the protection of sacred trees from a highway upgrade in Western Victoria.

Mr Withers was awarded an Australia Day Honour in 2014 for significant service to the law through leadership in a range of professional organisations and to the judiciary in SA.

The Law Society extends its deepest sympathies to Brian’s family.

An obituary on Brian Withers will be published in the next edition of The Bulletin. B

IN THIS ISSUE

GROWTH AREA

The evolution of environmental law

CHANGING WORKPLACE CULTURE

The EOC delivers harassment report

DUE PROCESS

Justice Bathurst on modern challenges to the rule of law