Environmental Law in Tasmania
Environmental law in Tasmania regulates environmental protection, land use planning, and natural resource management. The Environmental Management and Pollution Control Act 1994 provides Tasmania's environmental framework with the EPA Tasmania as principal regulator. Tasmanian environmental lawyers advise on compliance, planning, contaminated land, forestry, and environmental litigation.
Environment Protection
Tasmania's Environmental Management and Pollution Control Act 1994 requires environmental duty holders to avoid environmental harm. The EPA Tasmania assesses activities requiring environmental assessments and permits. Level 1 and Level 2 activities require environmental permits. Pollution must be controlled and reported. EPA can issue environmental protection notices, improvement notices, and prosecutions. Environmental lawyers advise on permits, compliance, and respond to EPA action.
Planning and Development
Tasmania's Land Use Planning and Approvals Act 1993 regulates land use and development. Local planning schemes (including the Tasmanian Planning Scheme) control development through zones and codes. Development approval required for most development. Local councils assess most applications. The Tasmanian Planning Commission assesses major projects. The Resource Management and Planning Appeal Tribunal hears planning appeals. Environmental impact assessments may be required. Planning lawyers obtain approvals, defend objections, and appeal decisions.
Contaminated Land
Contaminated land creates liability for current and former owners, occupiers, and polluters. The EPA Tasmania maintains the contaminated sites register. Site contamination assessments and remediation required for known contamination. Due diligence investigations identify contamination risks. Historical industrial sites and agricultural chemical use create contamination issues. Environmental lawyers advise purchasers, vendors, and responsible parties on contaminated land issues.
Aboriginal Heritage
Tasmania's Aboriginal heritage is protected under the Aboriginal Heritage Act 1975. Aboriginal heritage requires permits before works. Aboriginal Heritage Tasmania administers heritage protection. Surveys and assessments identify Aboriginal heritage. Traditional owner consultation is important. Unauthorized damage to Aboriginal heritage is an offence. Developers engage with Aboriginal groups and obtain heritage permits.
Forestry and Natural Resources
Forestry in Tasmania is regulated under the Forest Management Act 2013 and Forest Practices Act 1985. Forest practices plans required for forestry operations. Sustainable Timber Tasmania manages state forests. Private forests require forest practices plans. Environmental considerations include water quality, biodiversity, and soil conservation. Mining requires mineral exploration licenses and mining leases under the Mineral Resources Development Act 1995. Environmental lawyers advise on forestry and mining approvals.
Climate Change and Renewable Energy
Tasmania has ambitious renewable energy targets with high renewable energy penetration from hydro. The Climate Change (State Action) Act 2008 establishes emissions reduction targets. Wind and solar development continues. Environmental approvals consider environmental impacts. National Greenhouse and Energy Reporting requires emissions reporting. Environmental lawyers advise on renewable energy projects and regulatory compliance.
Important Tasmanian Environmental Law Contacts:
- Environment Protection Authority Tasmania: 1300 135 513
- Department of Natural Resources and Environment Tasmania: 1300 368 550
- Tasmanian Planning Commission: (03) 6165 6828
- Aboriginal Heritage Tasmania: (03) 6165 3026
- Mineral Resources Tasmania: (03) 6165 4800
Water and Biodiversity
Tasmanian water resources are managed under the Water Management Act 1999. Water licenses required for taking water. Environmental water provisions protect environmental flows. Tasmania's biodiversity is globally significant with high endemism. The Nature Conservation Act 2002 protects threatened species and reserves. Native vegetation clearing requires assessment. Developers must consider biodiversity impacts and offset requirements. Tasmania's World Heritage Areas have special protection.