DOCUMENTS

Papers by John Haydon

Update on Recent Decisions of the
Planning and Environment Court and
Court of Appeal and an Overview of
the IPOLA Act 2001 March, 2002 [556kb]

This paper will touch on five decisions of the Court of Appeal and a number of decisions of the Planning and Environment Court to give an overview of what is happening with appeals generally, the scope of the conditions power, the declarations power of the Planning and Environment Court and costs. The second part of the paper deals with an overview of the Integrated Planning and Other Legislation Amendment Act 2001. These provisions have not yet come into force. As an overview it will not deal with all of the details. 

A Forward Looking View of the Planning and Environment Court ISBN 0-9580049-0-0 published in December, 2001

So here we are at the end of 2001. The opportunity now exists in 2002 for some improvements to progressively be made with respect to the operations of the Planning and Environment Court. For example, Alternative Dispute Resolution (ADR) has not been often used with planning and environment disputes. The cooperation and positive endeavours of the parties to develop options and resolve disputes by negotiation is in the public interest. Always the Planning and Environment Court is there as the safety net so that those disputes that are not able to be resolved by alternative means have a fair and equitable hearing by the Court.

Resolving Environmental Planning Conflicts Through Mediation and Case Appraisal: An Australian Experience April, 2000 [125kb]

Mediation and Case Appraisal will, in the next 5 years, become an increasing part of the dispute resolution mechanisms used to resolve environmental (including town planning) disputes in the State of Queensland, Australia. This is principally because of Section 4.1.48 of the Integrated Planning Act 1997 and an increasing willingness of the Judiciary to make Alternative Dispute Resolution (ADR) Orders.

It is Time for More Greenhouse Action Now [54kb] 

The National Environmental Law Association Limited (NELA) with the assistance of funds from the Commonwealth Department of Environment Sport & Territories (DEST), has carried out a two stage Greenhouse Project. This Project examined what actions Local Government can and do take relevant to Greenhouse and Climate Change issues. 

Australian Native Vegetation Needs Retention for Biodiversity, the Reduction of Carbon Dioxide and Ecological Integrity [60kb] 

Any package of proposals to address the issue of the retention of native vegetation in Australia needs to include a legislation option. If Australia does not address the retention of native vegetation then credibility will be lost.  So will the vegetation.

An Australian Perspective on Vegetation and Climate Change [57kb]

This is a follow on from the 1995 publication Australian Native Vegetation Needs Retention for Biodiversity, the Reduction of Carbon Dioxide and Ecological Integrity. We all need to be concerned about climate change. It will effect the health of future generations. The current population of the world has the responsibility to be protective of the environment. After all we are only the custodians for the time being of this planet.

The Continuing Development of the Right to Know and the Right to Participate as Public Environmental Rights [82kb] 

 It is necessary to take the environmental debate to "ecology". Ecology emphasises the interaction between living things (including humans) and their surroundings. Our rights to know and to participate need to be based on ecological integrity.


Public involvement to resolve and avoid environmental disputes: An Australian example [44kb]

The ELRANZ offers an Australian example from which the United States may be able to glean some additional wisdom as far as environmental regulation is concerned. Although the United States has long used negotiated rulemaking to involve the public in its regulatory process, an environmental law roundtable could make use of the increasingly localized public participation in environmental regulation and add credibility to a federal system that is more and more often seem as failing in its responsibilities to the environment and to the public. (see, e.g., Massachusetts v. EPA)

 

The United States ’ success with negotiated rulemaking is a good reason to consider the creation of an environmental law roundtable, because the roundtable would provide additional methods of alternative dispute resolution to create environmental regulations. Whatever problems may be encountered with the use of a single form of ADR can surely be over come when multiple forms of ADR are offered in a single forum and the level of public participation remains at least as high as it is with negotiated rulemaking.

 

The United States Environmental Law Roundtable (USELR) will be able to operate at many different levels from the very local up to the Federal level. The environmental pendulum is swinging back from the conservative right towards the centre so in the next several years there will be more positive opportunities for environmental activism. Each citizen should be encouraged to become involved in some form of environmental activity. Individually and collectively we can make a difference.

 

We should look to start USELR with a small secretariat that will be able to liaise with exiting NGOs, business and government agencies. If you have any suggestions or connections with philanthropic funds please send an email to the ELRANZ Convenor  johnhaydon@ecodirections.com  We can use our experience with ELRANZ to develop an effective and useful network throughout the US .

 

Joint Papers By Dr Jianbo Kuang and John Haydon

Vegetation and the Redesign of Australian Agricultural Practices: Greenhouse Issues Demand a New Forestry and a New Agriculture for Australia 2001 [195kb] 

 Innovation will be more important in the 21st Century than it was in the 20th Century. In some instances it will be necessary to reinvent what we considered to be forestry from the ground up. In other words, we cannot continue to use only old and traditional methods to solve the environmental issues of today and of the future. What we have learnt is that it will take a greater effort in the next 20 years than in the last 20 years to improve the State of the Environment. We have made a great start but the degradation trend has not been reversed so we need to innovate and adopt new methods and practices. We will call it New Forestry. And to this we need to add a New Agriculture that takes agriculture and forestry to Urban Areas as well as inventing new techniques for Rural Areas.

Selected online Publications By Dr Jianbo Kuang and his colleagues:

NaCl consumption is attenuated in female KCNE 1 null mutant mice

Potential verification of a host plant for the desert truffle Terfezia pfeilii by molecular methods

Changes in in vivo Protein Complements in Drying Leaves of the Desiccation-Tolerant Grass Sporobolus stapfianus and the Desiccation-Sensitive Grass Sporobolus pyramidalis

Influence of Xylem Water Potential on Leaf Elongation and Osmotic Adjustment of Wheat and Lupin

 

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