*Please note that the links to the content in this Part will direct you to Westlaw AU.
The latest issue of the Local Government Law Journal (Volume 20 Part 4) contains the following material:
The compulsory acquisition of land is vital to the progress of New South Wales, providing the land necessary for vital public purposes. However, the compensation payable to a dispossessed owner following compulsory acquisition is not always readily agreeable necessitating the need for a hearing before the Land and Environment Court of New South Wales. Stress, strain and other emotions are associated with such hearings especially for the dispossessed owner. This article argues that restorative justice intervention, in the form of restorative justice conferencing, can be used in a limited number of compulsory acquisition matters as a way of circumventing the need for a court hearing.
Human rights cities – how does Australia fare? – Hanna Jaireth
This article examines the growing international recognition of the interlinkages between human rights and responsibilities, and local governments and the environment, noting selected developments in Canada and Australia. The experience of statutory charters of rights in Victoria and the ACT has been generally positive for cities, but with few environmental gains to date. Many local governments are calling for more funding and clarification of the roles of each level of government, and often pursue social justice and well-being initiatives without using the language of human rights. The amendment or development of intergovernmental agreements and national statutory schemes to improve integrated regional and national planning and development processes and outcomes, and the enactment of human rights charters in the jurisdictions that do not yet have them, would be beneficial reforms. There may be opportunities for complainants to assert environmental rights in relation to clean air and water in those jurisdictions with rights charters in place. Ecologically sustainable development may be better progressed if an Australian Bill of Rights protected environment-related rights across Australia.
- Australian Capital Territory – Hanna Jaireth
- Victoria – Lawrie Groom
- Western Australia – McLeod Legal
For the PDF version of the table of contents, click here: LGLJ Vol 20 No 4 Contents.