On August 25, 2017, the Berejiklian government put threatened species and our natural heritage at risk by weakening the laws that protect nature in NSW.

We are taking the Berejiklian government to court to scrap its destructive land-clearing laws, to defend nature and the rule of law.

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More information on the case

Our case seeks to overturn the worst elements of the land-clearing laws on two grounds:

  1. Failure to adequately consider the principles of Ecologically Sustainable Development

The Primary Industries Minister and the Environment Minister had a legal duty to consider the principles of Ecologically Sustainable Development when making the land-clearing codes. That includes proper consideration of internationally recognised legal principles such as intergenerational equity, the precautionary principle, and conservation of biodiversity. Documents obtained under freedom of information laws suggests the Ministers failed to do so.

  1. Failure of the Primary Industries Minister to obtain concurrence of the Environment Minister

The Primary Industries Minister Niall Blair had a legal duty to obtain the “concurrence” (more simply the agreement) of the Environment Minister Gabrielle Upton before “making” the codes. Documents obtained under freedom of information laws suggest that Ms Upton approved the codes on August 25, one day after Mr Blair had made them on August 24.

If our legal challenge is successful, the government should scrap these bad laws, go back to the drawing board and make new codes that actually protect our threatened species.

We are being represented by public interest environmental lawyers EDO NSWThe case was referred to the Land and Environment Court on Friday, November 24, and we are awaiting a hearing date. Check back to this page for updates as they occur.

We need to raise funds to run this court case.

Please donate today to protect nature from unsustainable land clearing. We urgently need your support. 

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