STANDING IN ENVIRONMENTAL INTEREST SUITS

Abstract

This paper seeks to examine an individual's right to standing on issues involving public interest. The paper concentrates particularly on environmental interest suits and the law in Queensland. The examination has regard to various avenues available to establish standing. These are: (1) Suit by way of the Attorney-General; (2) Individual standing under the general law; (3) Standing and prerogative writs; (4) Class actions; and (5) Standing provided for by statute. From a consideration of these areas, the general inadequacy of the law to provide a comprehensive and predictable system of locus standi on public interest issues is emphasized, particularly in comparison with the recently reformed English system. Finally, a suggestion is made as to a possible avenue which both the courts and the legislature may take up, to overcome the inadequacies under existing rules in Australia.