In most Australian States, planning and environment matters are subject to the jurisdiction of a specialist court or tribunal but not in Western Australia; appeals under the Environmental Protection Act 1986 (WA) are determined by the Minister for the Environment. There have been repeated calls to end the ministerial appeals system and establish an environmental jurisdiction by creating a specialist court or tribunal or expanding the jurisdiction of the State Administrative Tribunal (SAT).
This seminar addresses the advantages and disadvantages of the current system including the relationship between the systems which often provides headaches for those advising clients e.g. what is the proper scope of the two systems?, how is duplication avoided?, how do the appeal systems relate? It will also consider whether an environmental jurisdiction in the SAT or specialist court is a viable possibility in the WA context.
Finally it will consider the scope of a director’s duty to act with care and diligence in the context of environmental risk, the availability of the business judgement rule as a statutory defence and provide an update on the potential liability of directors and managers for environmental offences committed by the company under derivative and accessorial liability.
Morning tea will be provided.