In operation since 1980, the Land and Environment Court of New South Wales, Australia, was the first specialist environmental court established as a superior court of record. It has exclusive jurisdiction over civil and criminal environmental, land planning, building, and mining matters. Its decisions are reviewed by the civil and criminal appeals courts and the Australian High Court, but its operations and decisions are largely independent. It has six law judges, 22 science-technical commissioners, and a registrar with far-reaching administrative and quasi-judicial powers. The Court is renowned for many procedural innovations tailored to environmental cases, many of which are discussed in this chapter, and it has become a model for other States in the creation of their own environmental specialist courts and their own environmental jurisprudence. The Honorable Justice Brian J. Preston, then Chief Judge of the Court, has identified twelve benefits of the Court. One of the biggest benefits (and one of the original goals of the Court) is that the judges have been able to acquire specialist expertise. This not only facilitates a better understanding of the complex nature of environmental disputes, but also allows the Court to provide a wide variety of dispute resolution mechanisms. Additionally, the Court has developed a large body of case law in a number of key areas such as open standing provisions for public interest litigation and the principle of polluter pays. For example, in the 1997 case of Environment Protection Authority v. Gardner, the Court imposed the maximum penalty (12 months imprisonment and AU$250,000 in fnes) for extensive environmental pollution that was perpetrated in a deliberate and dishonest manner. This decision saw widespread media coverage and became a deterrent for individuals and industry. In its almost 40 years of existence, the Court has been an influential factor in raising the government’s, industries’, and the public’s awareness of environmental law issues in general. The Court decided 83 cases from January through August 2017 alone. Finally, while large, established courts can be conservative, leading to slow change that is heavily resisted, the flexibility and innovation accorded this specialized court allows it to achieve.

Date
Country
Australia