The public trust doctrine imposes an affirmative duty on the state to protect navigable waters and their dependent resources for public use, even against prior water rights allocations.
environmental
Full Federal Court overturned trial judge and held no novel duty of care is owed by the Environment Minister to Australian children when approving fossil fuel projects under climate change concerns.
NSW Land and Environment Court held the EPA had a statutory duty under the POEO Act to develop environmental protection policies addressing climate change, enforceable by judicial review.
First Australian court decision refusing mine approval on climate change grounds, holding that a project's greenhouse gas contributions are a material consideration in planning decisions.
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