The significance of ICM in the evolution of s 51 (xxxi)
Over the past 30 years, increasing environmental and natural resource regulation has sparked debate about the protection of private property interests and provision of compensation to those affected by regulatory measures. Where these disputes involve the Commonwealth, it is not uncommon for property owners to reach for s 51(xxxi) of the Australian Constitution to bolster their claims for assistance. In the 2009 decision of ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 140; 170 LGERA...[Show more]
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|Source:||Environmental and Planning Law Journal|
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