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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44375
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Lawyer owns a 90 hectare lot (the subject site) which abuts

Customer Question

b) Lawyer John owns a 90 hectare lot (the subject site) which abuts a crown reserve and a national park to the north of the subject site that is not affected by any Regional Planning Scheme as it is located within the Shire of Gingin in Western Australia. The western edge of this site abuts a road reserve that is vested in the crown. This road reserve abuts both the subject site and the Indian Ocean. The subject site has been identified by United Nations as containing a large 30 hectare wetland and associated buffer vegetation that is considered to be of significant importance to the World for the purposes of protecting the subject site as a place of Cultural and Natural Heritage importance. The United Nations resolves to put the subject site on a list of sites that will be caught by the provisions of a new Cultural and Natural Heritage Convention. The Commonwealth Government is a signatory to the Convention for the Protection of the World Cultural and Natural Heritage and Johns’ land is listed as falling within this Convention. However, John has plans to use the subject site for the purposes of constructing a moderate sized hydroelectric dam called the Jarding Dam. Upon hearing of Johns’ plan, the State Government of Western Australia instructs the Environmental Protection Authority to prepare an Environmental Management Plan for the subject site. John is unhappy with the Commonwealth and State Government actions, and after seeking approval from the Councils engineer begins to lay rocks and large volumes of sand on both the road and on the subject site. The matter is now before the High Court of Australia. There is scientific evidence pointing to the fact that the road reserve including John’s land is subject to sea level rises. . The estimated cost of the development is estimated at Ten Million Australian Dollars. NOTE: (I hectare equals 10000 square metres).
With reference to relevant case law and Statutory Provisions: Could the issues raised in this matter be tested in the High Court of Australia? If so, what legal issues would the applicant and defence argue?
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

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