Background to EPBC Act Review

The Discussion Paper The direct link to the Review’s Discussion Paper is here. The review of the Environmental Protection and Biodiversity Act (Cth) is supposed to occur at least once every ten years. This is taken literally, since the last review was done in 2009. A slight shift is the move for more universal standards, […]

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The Precautionary Principle in Australian law

The Precautionary Principle is an evolving concept: first arising in German law, migrating to international environmental declarations, and then becoming part of national legislative interventions for the purposes of environmental protection. Australia enthusiastically adopted the term ‘precautionary principle’ in legislation in the 1990’s, but it missed a significant point – it’s a guideline in aid […]

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Native Forest Logging (Victoria) and Auditable Legislation

This ABC article about allegedly illegal logging in Victorian native forests highlighted the surprising reliance on low-resolution diagrams to define and administer logging activities in State forests in Victoria. In this case, it is a State-government controlled organisation which is largely trusted to self-regulate its own economic activities.   The issues raised in the ABC article […]

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The need for clear information for NSW Land Rights and Native Title Claims

A recent news report [1] highlighted the potential for conflict and administration work in NSW indigenous land areas.  The work required is to determine the extent of overlap between native title claims and historical dispossession in NSW indigenous land areas, the latter being a possible basis for compensation. The Land Rights regime created by the […]

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