Using The Law

Community groups tend to make contact with the law in two very different ways - either as a tool for winning a campaign, or when opponents use the law to try and stop a campaign.

The Law As A Tool

The law can be a powerful tool for winning campaigns and not always in the most obvious way. Some of the biggest environmental wins have come about through strategic use of the legal process. The key is to think laterally, be well prepared and persistent!

Some examples of the sorts of laws that can be used in a campaign are:

• Specific environmental protection laws.
• Local and state planning laws.
• The Trade Practices Act - for example, where a company has made false or misleading representations.
• Health standards and regulations.

Using the law to make your case does not have to involve an expensive trip to court. Just reminding a politician or bureaucrat of the law and their responsibility to uphold and enforce it can be enough.

When The Law Is Used Against You

Just as the law offers plenty of opportunities, it also presents many threats. Aside from the powers of the police, hard-nosed opponents (who usually have more resources than community organisations) are increasingly willing to resort to the law to silence the opposition.

Some examples of how the law can be used against you include:

• Being arrested at a protest for minor offences such as unlawful
  assembly, trespass, resisting arrest, obstructing police, etc.
• Defamation claims (for a good paper on this see www.edo.org.au/edonsw/publications/safspch2.htm).
• Restraining orders, to prevent groups taking direct action.

It is impossible to completely defend yourself against these sorts of actions, but here are some steps you can take to be better prepared:

• Thoroughly research the implications of an action before going ahead with it.
• Have a basic understanding of defamation law and remember it when preparing and making public statements.
• Consider incorporating your organisation (see Getting Started).
• Seek immediate legal advice if a threat is made against you.

Getting Documents Out Of Your Local Council

Early access to information is often the key to taking effective action regarding a proposed or existing development. If you are concerned about a new development, you may need to find out quickly what's in the development application and supporting documents. If you think that someone is not complying with their development consent, you will need to find out what the consent says.

A good place to start when you arrive at the council chambers is to ask to see their public registers. All local councils must keep a detailed register of all development applications, development consents and complying development certificates. The registers must be indexed and available for public inspection free of charge during ordinary office hours.

Which Documents Do I Have A Right To Inspect?

• All development applications (DA) and associated documents, including environmental impact statements, species impact statements and statement of environmental effects.
• All development consents, including the name of the holder of the consent and any conditions attached.

For a complete list of documents the public is entitled to inspect free of charge, see section 12(1) of the Local Government Act.

Do I Have A Right To Make Copies?

Yes. The public has a right to obtain a copy of the above-mentioned documents upon request. The council cannot refuse to give you access to these documents. The council is entitled to charge you a photocopy fee for copies of the documents.

Australasian Legal Information Institute
http://www.austlii.edu.au
Online legal research facility with electronic access to all legislation and case law

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