Analysing Law Case Study

Question: Discuss about the Analysing Law Case Study. Answer: The issue(s) in the case i.e. what is this case all about The case involves the establishment of wind turbines in the region of Taralga an idea that has been opposed by the residents because of the feared environment implication and the physical disturbance to the natural setting. The relevant law that applies in this case The applicable law, in this instance, is Environmental Planning and Assessment Regulation 2000. The application of this law is because of the certain cases that the judge referred to while making the ruling. First, the judge turns to the case of Roseth SC in Tenacity Consulting v Warringah Council (2004) 134 LGERA 23, at paras 25 to. While considering the different facts in the two cases, the judge observed that the project, if operated under the planning principles of environmental conservation will not have any serious impact on the landscape[1]. Further, the judge also did refer to the case of Genesis Power Limited Anor v Franklin District Council [2005] NZRMA 541. The case also was about the wind farm along the coast of New Zealand. These two cases were used to by the judge to demonstrate to the applicant and general public that always there would be concerns about the environment whenever mega projects are commissioned, and that should not be a reason to stop prime development agendas[2]. How the Judge applied the law to the case The judge did use the case demonstrate the project lead to local area development. He maintained that through detailed environmental assessment and appropriate measures taken, the locals would benefit[3]. Differences between the cases Roseth SC in Tenacity Consulting v Warringah Council (2004) In this case, the subject was different views held about development as opposed to what the law says. The aspects of value, consideration, qualitative assessment, and reasonability of the proposal determine the merit of each project[4]. Genesis Power Limited Anor v Franklin District Council [2005] NZRMA This case was about establishing a wind farm at the cost of New Zealand. The appeal sought to establish if the construction, operations and other maintenance structures of the project at the coastal environment. The two issues raised by the applicant is the visual and noise from the project and if it is important to move the project to another environment. The verdict of the current case could have been different given the magnitude of the impact that the project was to cause to the residents, property, and landscape. The impact is a bit escalated[5]. The public policy issues involved The public policy issues that were addressed by the judge include the effects of visual, noise, flora impact, fauna, and property. The judge addressed the issues by maintaining that even though these problems are eminent, proper management could help mitigate the effects and the locals benefit from the wind farm engines[6]. References Environmental Planning and Assessment Amendment (Plan Making) Regulation LW 26.6.2009 Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014 UNFCC 2014 Climate Change Synthesis Report page 58 Monash University Law Review Brian Preston, Climate Change in the Courts (2010) 2 36