Environment and planning issues in Western Australia pre- and post- the 201 7 state election

摘要

Environmental law, like its town planning cousin, is applied to a significant extent by policy. That gives to the responsible government agency the blessing of flexibility and the burden of complying with the administrative law framework that governs the use of policy. The challenge for the government agencies is seen clearly when senior judges adopt different positions on the governing statutes and how their related policies should be applied. Those regulated by or intended to benefit from the law have complementary challenges, primarily stemming from a lack of certainty and in some circumstances actual or perceived procedural unfairness, particularly in the merits appeal process under the EP Act.