THE RIGHTS of all landholders are under increasing threat today. The familiar belief that buying and developing land gave the owners rights to use the land as they wished, short of destroying it, has been restricted by all manner of legislative and bureaucratic intrusions on land use.
The countervailing authority of ‘public benefit’ has become established to the detriment of ‘private rights’.
In NSW, the government agencies appear to have confused ideas about the concepts and the interpretations of applicable laws. Where you would think that the Department of Agriculture would be the consent authority for changing land uses, the authority is given to local councils. But they are subordinate to the Department of Planning, where concerns about public benefit apply.
In all this, there is little recognition of jurisprudence, only the itemisation of a schematic application of individual legislation. Many of the criticisms raised by an understanding of jurisprudence are ignored.
The Armidale Express
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