We're back in court to defend nature 

We have launched fresh legal proceedings in the Land and Environment Court to defend nature against the Berejiklian government’s devastating land-clearing codes. This is a crowdfunded court case and we urgently need your help to make it possible. Please consider making a generous donation through our webpage today.

The basis of our challenge

We are challenging the codes on two grounds:

  1. That Environment Minister Gabrielle Upton failed to properly, genuinely, and realistically consider the environmental impacts of the codes before she agreed to them being made; and
  2. That the Environment Minister failed to properly consider the principles of ecologically sustainable development when considering whether to agree to the codes being made. 

If either of these grounds is upheld, it would constitute a significant failure by the Environment Minister and underline the government’s careless disregard for nature in NSW.

Incompetence or indifference?

The rushed and potentially unlawful actions of the Environment Minister have put wildlife at risk and undermined the principles of good government in NSW. If our challenge succeeds, we will call on the government to scrap these laws and make new codes that actually protect our threatened species for future generations.

This is the second time in less than 12 months that we have challenged the land-clearing codes in court. On March 9, the Land and Environment Court ruled the codes made under the Local Land Services Act in 2017 were invalid because the Primary Industries Minister Niall Blair made them before he received Ms Upton’s concurrence. The very same day as the court ruling, and despite our strong call to make changes to protect nature, Mr Blair reinstated that exact same devastating codes.

Now, based on the documents we have received under freedom of information laws, it appears Ms Upton did not genuinely assess the environmental impacts of the codes.

A matter of life and death

These land-clearing laws are a matter of life and death for wildlife, driving species to extinction. They are degrading our soils and water supplies and wiping out critical carbon stores. They must be overturned.

More than 1000 plant and animal species are at risk of extinction in this state, including 60 per cent of all our native mammals and our iconic koala.

Habitat destruction is the main threat to many of these animals, and the land-clearing codes this government has introduced, potentially unlawfully, are pushing them closer to the brink.

Please donate to this crowd-funded court case today.