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ARTICLE · 27 DECEMBER 2010

Application of the Guidelines for open water supply catchment areas and approach to precautionary principle confirmed

Norton Rose Fulbright Australia
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The Supreme Court has just issued its second decision in the Rozen matter and has once again confirmed that the precautionary principle should be applied not only where there is a risk of irreversible damage, but also where there is a risk of serious damage to the environment. The decision also provides a very clear endorsement of the force of the "Guidelines for development in open potable water supply catchments" in decision making on new development and the circumstances that must be in pl

AustraliaEnvironment
Sally Macindoe
Sally Macindoe
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Rozen v Macedon Ranges Shire Council [2010] VSC 583

The Supreme Court has just issued its second decision in the Rozen matter and has once again confirmed that the precautionary principle should be applied not only where there is a risk of irreversible damage, but also where there is a risk of serious damage to the environment.  The decision also provides a very clear endorsement of the force of the "Guidelines for development in open potable water supply catchments" in decision making on new development and the circumstances that must be in place before the Guidelines can be displaced.   

This legal update provides an overview of the various VCAT and Supreme Court proceedings in this long running matter, and details of the latest Supreme Court decision.

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