Individuals with common environmental interests or concerns are able to come together to form groups to oppose developments or represent broader environmental concerns. Incorporating these groups can provide benefits such as challenging bringing proceedings for judicial review of a development.
What is incorporation?
Incorporation is when a non-commercial group of five or more members are registered as a separate legal entity.
Incorporation can provide a range of benefits including:
- establishing a legal identity separate from individual members
- limiting some legal liability
- the existence of the group will continue despite membership change
And the group can:
- enter into enforceable contracts
- sue in the corporate name
- attract funding more easily
- apply for status as a charity/formally register as an environmental organisation
How do you incorporate?
- Choose a name
- Establish objectives and a constitution
- Authorise an application for registration
- Apply for registration
What else do I need to know?
Incorporation involves ongoing costs, administrative burdens and legislative responsibilities.
It is not legally required that incorporated environmental associations hold public liability insurance but it is advisable as it is possible for the association to be sued.