Public Interest Environment - State law matters Legal aid is available for public interest environment matters where the activity or proposed undertaking raises a matter of substantial public concern about the environment. In deciding whether there is a substantial public concern, regard will be had to at least the following: whether or not the activity, or proposed undertaking is likely to have a significant impact on the environment in NSW or to substantially affect public use, or enjoyment of that environment the scarcity of the particular attribute(s) of that environment the value of that environment to the community of NSW community interests that may be affected including the impact on the social and cultural needs of the community. A grant of legal aid for this type of matter is subject to Means Test A, Merit Test A, exclusions from state matters and state civil law general guidelines. In deciding whether the public interest environment matter has merit as defined in Merit Test A, the environmental, economic, cultural and social impact should be considered, where appropriate. In these types of matters, the Legal Aid Commission has the benefit of advice from the Environmental Consultative Committee which is comprised of independent experts who make recommendations to the Legal Aid Commission as to whether aid should be granted. The Commission then considers that recommendation and makes a decision as to whether or not the guidelines have been met. In the case of matters in the Land and Environment Court or on appeal therefrom the following guidelines apply: Legal aid is only available for matters coming within Class 1 and Class 4 of the Land and Environment Court Act 1979. Legal aid is not available for proceedings coming within Class 2, 3, and 5 of that Act. Legal aid is only available for proceedings proposed to be conducted in the Land and Environment Court before a Judge. In deciding whether or not to grant legal aid, consideration must be had to the likely cost to the Commission of the proceedings. Applicants for legal aid and legally assisted persons or groups should, in appropriate cases, be required to pursue settlement of the matter by mediation or negotiation. Where the application for legal assistance concerns environmental matters which fall within the Commonwealth Public Interest and Test Cases Scheme(published by the Attorney General's Department in August 1996), then the application should be referred to the Commonwealth Attorney General for determination in accordance with the Commonwealth's guidelines for legal aid in public interest and test case matters. Means test guidelines The means test to be applied to an individual applicant seeking legal aid for an environmental matter is Means Test A. Where the applicant seeking legal aid for an environmental matter is a group then the means to be considered are the means of the group. In considering the means of the applicant/group regard should be had to the financial support that would be available from those members of the community who would be likely to support the aims of the group in the matter for which aid is sought. In considering the means of the applicant/group regard should also be had to the applicant's ability to afford the cost of the legal proceedings having regard to his/her assets or the general assets of the applicant/group. Contributions are to be assessed having regard to the available financial resources of the applicant/group. If aid is granted the group or person legally aided is usually required to raise additional funds for the proceedings. Further Information For more details about applications for legal aid in these matters, contact the Senior Solicitor at the Commission's Common Interest Unit (02) 92195 851. See also the State Civil Law General Guidelines.

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.