Legislation

 

 

As every country has its own law, so too do they have different laws that govern the way in which they interact with their environment. And one of the problems in reaching definitions of these laws arise because the law means different things in different contexts.  We need to recognize that moral rules and legal rules are not the same. While the two are closely allied and are very frequently the same, there are many instances of moral laws which do not in our society have a legal equivalent. Moral rules are obligatory, you must or must not do something, whereas much of the law is not obligatory but permissive only. Rules of law are enforced through a structure set up for that purpose by the community. This structure is the legal system and the rules it lays down and enforces are the rules of law. Together they are called the legal order.

Rule of law can be distinguished from the other rules referred to on the basis of the sanctions which follow if the rules are broken. Another distinction can be their source. Rules of law are derived from the legal system, parliament, congress or the courts. Rules come from diverse sources such as religion, environmental associations, scientists, etc.

Early judges applied the customs of the land as a means of resolving disputes and by their application the customs became law. Not always was there a custom or law to cover a particular circumstance, so the judges had to fill the gap themselves so that they could reach a decision. The judges created new law. This process still continues today.

Marginal Notes and Footnotes do not form part of the Act. They can not be used to determine the meaning of a section. Generally when Act is passed... the marginal notes are not...therefore marginal notes in all cases wouldn't be relevant, and often this is stated in the course of the Act.

A proviso is included in an Act to ensure that the Act does not have the effect that it may have if it were not included. The usual effect of a proviso is to take out of the section something that would otherwise fall within it.

Schedules are found at the end of an Act and set out forms to be used or lengthy rules.

It is unlikely that any citizen is capable of being fully aware of all the laws of the land. However, no resource management agency wants to be seen as a resource police agency to the extent that its other roles are rendered ineffective.

The Department can decide if it wishes to proceed in a matter and can issue a warning if it is not going to proceed in a matter and can issue a warning if it is not going to proceed. This differs from Police who are bound by their oath to bring all breaches detected before the courts. However, the degree to which this discretion is delegated to field staff differs between Departments.

Ignorance of the Law : Bona fide Claim of Right

Ignorance of the law does not afford any excuse for an act or omission which would otherwise constitute an offense, unless knowledge of the law by the offender is expressly declared to be an element of the offense.

But a person is not criminally responsible, as for an offense relating to property, for an act done or omitted to be done by him with respect to any property in the exercise of an honest claim of right and without intention to defraud.

Remember ... NO law is carved in stone.
(unless you count the 10 commandments!)
And even they get broken continually.
Laws can be changed
But only YOU can change them !
But ... if your going to take on the system
.. Make sure that indeed that law needs changing.
Most of the legislation put in place is actually there to PROTECT.