Western Australian Jurist: The Tasmanian Dams Case and Setting Aside Private Land for Environmental Protection: Who Should Bear the Cost?
The Western Australian Jurist is the annual academic journal of the Western Australian Legal Theory Association, which selects high-quality papers on any topic within Legal Theory for publication. The journal is edited by Dr Augusto Zimmermann, an acclaimed Legal Theory and Constitutional Law academic at Murdoch University and Commissioner with the Law Reform Commission of Western Australia.
Glen McLeod’s article ‘The Tasmanian Dams Case and Setting Aside Private Land for Environmental Protection: Who Should Bear the Cost?’ was featured in the most recent publication of the Western Australian Jurist. The article examines some of the fundamental legal issues arising from setting aside private land for the protection of the environment by the use of laws, policy and administrative practice. The paper also explores the conflict between the use of environmental and planning measures and the nature of private property. This leads to a consideration of the point at which such inconsistency effectively constitutes a taking of an interest in land and, in such circumstances, whether the law can require the State to pay the owner just compensation.