Case note: Spencer v Commonwealth [2015] FCA 754

摘要

The decision in Spencer highlights the continual challenge between balancing the important private rights of landholders with the worthwhile public goal of environmental conservation. The outcome in Spencer upholds the protection of the environment through native vegetation conservation and encourages the market for the exchange of sequestered carbon. But rural landholders may face uncertainty as to their continuing ability to develop their land and the amount, if any, and on what terms, compensation may be offered, if their valuable property rights are seemingly interfered with.