Infrastructure Law:

Environmental infrastructure law is a broad descriptor of the legal principles that relate to the support systems which facilitate the use of land through the building, creation and establishment of various public utilities, and the maintenance of policies related to their use. Aspects of environmental infrastructure may relate to the following areas of land management and land development:

• Water supply:
  • Aqueduct networking;
  • Reservoir supply and maintenance;
  • Water distribution and monitoring; and
  • Maintenance and upkeep of pumping stations.
• Waste disposal:
  • Solid waste disposal and liquid waste disposal;
  • Sewer discharge systems;
  • Sanitary landfills; and 
  • Recycling systems.
• Pollution control:
  • Solid, liquid and gaseous pollution control; and
  • Hazardous waste storage impoundments.
• Treatment systems including:
  • Desedimentation tanks;
  • Desalination plants;
  • Aeration tanks;
  • Septic tanks;
  • Filtration systems; and
  • Incinerators.

The law relating to the above infrastructure administration and management is aimed at maintaining the health and safety standards for the general public and the environment itself. Liabilities may arise, either for the authority maintaining the public utilities, or the individual or business which makes use of them, at any stage of the above systems. The proper treatment is water as well as the management of waste and pollutants will limit the risks that these can pose to the health and safety of the individual as well as protect vulnerable and delicate ecosystems. The principles which may be relevant to these disputes will be drawn from administrative law, land and property law, corporate law, tort law in relation to negligence and professional negligence, contract law, heritage law and possibly employment law.

The laws that relate to land infrastructure are also tightly bound with the harnessing, use and management of energy and the consumption of resources. Policies will undoubtedly exist in relation to the operation of businesses and industries as well as individual residents which impact on the use of energy and resources. State agencies will have systems in place to monitor the policies and how they are being complied with. Non-compliance with relevant policies may attract heavy penalties and in some circumstances even custodial sentences for guilty parties.

These penalties will of course depend on the severity of the legal transgression. Nevertheless, it is important to obtain proper environmental infrastructure legal advice from an energy and resource solicitor if there is any concern that a breach of an environmental policy or law may have been occasioned. An energy and resource lawyer will be able to investigate the relevant law and policy requirements before providing the appropriate legal advice on the infrastructure dispute. Litigation should always be considered a last option as it is prudent to attempt a negotiated resolution to environmental infrastructure disputes before steps are taken to sue any party.

Issues relating to the licensing of certain utilities and access to them may also need to be considered. More information for owners and developers of land may be obtained in the “Licenses for Supply of Services” section.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.