The Environmental Defenders Office (SA) Inc (“the EDO”) is an independent community legal centre with over twenty five years experience specialising in environmental and planning law. EDO functions include legal advice and representation, law reform and policy work and community legal education. The EDO appreciates the opportunity to provide a submission.
Our key recommendation is that there should continue to be both objective and subjective elements of nuisance under the LNLC Act. The approach should be broad enough to deal with the many and varied situations in which nuisance can arise, but also deliver consistency and objectivity in the interests of procedural fairness.