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Skip Navigation LinksHome > Legal information > Living in the community > Neighbourhood > Environment and heritage

Environment and heritage 

Legal Aid Queensland cannot give legal advice about this type of law

We cannot provide further assistance or advice on this area of law beyond the legal information below.
Please refer to one of the organisations listed at the bottom of this page if you need more help.

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Legal Information

Different laws control how to protect natural resources, wildlife and heritage (heritage can be things of importance found in nature, buildings or places of cultural importance). Environment and planning laws tell you how you can use your land and what you can use the land for. Local governments and authorities like the Department of Environment and Resource Management (DERM) control and enforce the environment and planning laws.

Who can I speak to about planning and development matters in my local area?

Local governments control how land is to be used or developed in your town or city by the use of planning schemes called zones. Councils create zones which restrict or allow certain types of development. For example land could be zoned for residential use only or commercial or industrial use.

If you have any queries about the use of your land contact your local council.

The council has made a planning decision that I don't agree with. What can I do?

Individuals, developers and businesses can lodge an appeal against a council planning decision by going to the Planning and Environment Court. Planning laws are complex and you should get private legal advice.

Are there laws about protecting natural resources and wildlife?

There are laws protecting natural resources and wildlife including plants and animals, forestry, fisheries and water. World heritage areas, that is, places of cultural or natural heritage of outstanding universal value are also protected. World heritage areas include the Great Barrier Reef, Fraser Island and the Wet Tropics. Land which is used for mining prospecting or mining operations also comes under special environmental laws.

How you use the land, and what you can take off the land can be protected by law. If you break the law, you can be charged with a criminal offence. Environment and heritage laws are complex and you should get legal advice or if it is advice in relation to protecting the environment, contact the Environmental Defenders Office.

Can I do what I like with land that I own? Will I get in trouble if I clear my land?

There are laws which limit and make illegal certain land use practices which may lead to erosion of the land. Some trees are protected in urban areas and you may be restricted on clearing your land in rural districts. If you break the law, you can be charged with an offence. The punishment can include very large fines.

Are there laws about water pollution, waste disposal and contaminated land?

Environmental laws exist to protect, control and prevent water pollution to waterways such as underground springs, tidal waters, lakes, rivers, streams, and the bed and banks of the water areas. The laws also control waste disposal and try to prevent pollution by controlling illegal dumping of waste and the discharge of waste into waterways. Any complaints can be made to the Department of Environment and Resource Management or if the matter is just about disposal of domestic waste contact your local council.

Is there any legal help if I am concerned about protecting the environment?

The Environmental Defenders Office (Qld) Inc is a non-profit, non-government community legal centre dedicated to providing legal advice and representation to individuals and community groups working to protect the environment

What happens if I break environment laws?

If you are caught breaking the law that controls water pollution, waste disposal or contaminating land, you may be charged with a criminal offence. The penalties can include large fines.

Are there laws to protect historic or cultural sites?

Laws exist to protect valuable buildings (e.g. buildings of historic or architectural significance) and property of cultural value (e.g. items of archaeological importance and aboriginal relics).

Queensland heritage laws control the protection of the landscape, that is natural features, and the Department of Environment and Resource Management keeps a register of designated landscape areas. The laws also protect Queensland's cultural heritage and the Queensland Heritage Council keeps a register of the registered heritage places.

Heritage places also include Aboriginal and Torres Strait Islander sites. Further laws protect ownership of items used by people of aboriginals and torres strait islander descent for traditional purposes.

Who can I contact for further information on historic or cultural sites?

The Australian Heritage Council is the commonwealth body set up to conserve the national estate, that is those aspects of natural and cultural heritage that have aesthetic, historic, scientific or social significance or special value to future and present generations. This includes:

  • natural environment including parks, coastline, inland waters, reefs and woodlands
  • buildings or cultural environment eg historic buildings and towns, urban parks and gardens, and furniture and fittings
  • aboriginal artifacts.

The National Trust of Queensland is the state body set up to conserve land, buildings, furniture, pictures and other chattels of beauty or of natural historic, scientific or architectural interest.

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Do I need legal advice?

You may need legal advice if you

  • want to lodge an appeal against a council planning decision in the Planning and Environment Court
  • have been charged with an offence in relation to how you use land or what you have taken off land
  • have been charged in relation to water pollution, waste disposal or contaminating land
  • have questions about protecting the environment.
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Where can I get legal advice

Legal Aid Queensland cannot provide legal advice on planning, environment or heritage matters.

The following organisations may be able to give legal advice on your matter.

Environmental Defenders Office give specialist legal advice and representation to individuals and community groups working to protect the environment.

Queensland Law Society can refer you to a specialist private solicitor for advice or representation.

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Who else can help?

These organisations may also be able to assist with your matter. They do not provide legal advice.

Department of Environment and Resource Management (DERM) work with local councils to control and enforce environment and planning laws. DERM also handle complaints about water pollution, waste disposal and contaminated land.

Local Councils can help with planning zones including restrictions placed on the use of your land. They can also provide information on issues about the disposal of domestic waste.

Queensland Heritage Council administer laws to protect natural features and Queensland's cultural heritage, including Aboriginal and Torres Strait Islander sites and items used for traditional purposes.

Australian Heritage Council protects aspects of natural and cultural heritage that have aesthetic, historic, scientific or social significance, including Australia's natural environment, buildings or cultural environment, and Aboriginal artifacts .

National Trust of Queensland conserves land, buildings, furniture, pictures and other items of interest.

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Disclaimer — Copyright 1997 Legal Aid Queensland. This content is provided as an information source only and is not legal advice. If you have a legal problem, you should seek legal advice from a lawyer. Legal Aid Queensland believes the information is accurate as at 1 July 2007 but accepts no responsibility for any errors or omissions and denies all liability for any expenses, losses, damages and costs you might incur due to the information being inaccurate or incomplete in any way.



Last modified: 16 August 2011 9:57AM
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Environment and heritage