decision

Kennedy (on behalf of Sandon Point Aboriginal Tent Embassy) v. Minister for Planning - decision

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Litigation

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Sabin Litigation

Filing Year For Action

Roy “Dootch” Kennedy challenged the Minister for Planning’s approval of Stockland’s construction proposal. Kennedy objected to the Minister’s approval on four grounds under the Environmental Planning and Assessment Act: (1) the approval for the proposal was outside the Minister’s power because Stockland had made donations to the Labor Party of which the Minister was a member; (2) the rights and impacts on aboriginal people had not been sufficiently considered; (3) the assessment of the archaeological viability of the site was not adequate; and (4) potential flooding and extreme weather events caused by climate change had to be more thoroughly examined. The court held that all aspects of the Environmental Planning and Assessment Act had been upheld by the Minister in approving the proposal.

Kennedy (on behalf of Sandon Point Aboriginal Tent Embassy) v. Minister for Planning

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities involving the management, development, and sale of property assets.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

woman and genders outside of the gender binary

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Kennedy (on behalf of Sandon Point Aboriginal Tent Embassy) v. Minister for Planning - decision

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Economic sector

Finance