Environmental Law

Question 1

1 What is meant by the term ‘environmental stewardship’?

Answer 1

means that people/lawmakers should consider themselves as temporary caretakers of the Earth – to look after and care for it - rather than owners to do with as they please.

Question 2

2 Where do most of the environmental laws come from?

Answer 2

Statute law – laws made in Parliament.

Question 3

3 What does the greenhouse effect mean for our planet?

Answer 3

The greenhouse effect is the heating of the earth’s atmosphere caused by greenhouse gas emissions and is the main cause of global warming.

Question 4

4 At what point do Australian citizens become legally bound by international conventions/treaties?

Answer 4

When the agreement is written into Australian legislation under section 51, external affairs power in the Constitution.

Question 5

5 Briefly outline the main aims of the Kyoto protocol.

Answer 5

The Kyoto protocol aims to address the issue of climate change by reducing greenhouse gas emissions

Question 6

6 Name the main piece of environmental protection legislation in Queensland.

Answer 6

Environmental Protection Act 1994 (Qld)

Question 7

7 Where does the Federal Government get its jurisdiction to create legislation to support international treaties?

Answer 7

The Federal Government has the jurisdiction to create legislation to support international treaties under the Constitution, section 51 external affairs

Question 8

Explain why Australia needs environmental laws?

Answer 8

to protect biodiversity and to protect certain areas of our planets from development which ensures that a variety of life in all it’s forms is maintained.

Question 9

name two pieces of environmental legislation in Australia or Queensland and explain the purpose of these.

Answer 9

Environmental Protection and Biodiversity Conservation Act 1999(Cth)
PURPOSE: covers environmental assessment and approvals, protects significant biodiversity and integrates the management of important natural and cultural places.
Environmental Protection Act 1994 (Qld)
PURPOSE: prevents environmental harm, nuisances and contamination

Question 10

Identify two stakeholders in society who have conflicting/competing interest in the environment – how do their interests differ from each other?

Answer 10

owners generally seek high profits and so may be reluctant to see the business pay high wages to staff.

Question 11

13 Can you think of any circumstances where an individual or organisation may be causing some type of environmental impact through their activities but may be legally exempted from prosecution?

Answer 11

Indigenous Australians allowed to carry out hunting of native fauna because of their cultural heritage and links to the land.
clearing of habitats for housing development (koala habitat)

Question 12

what is the core of environmental protection

Answer 12

It is to be an environmental steward.

Question 13

what does ratify mean

Answer 13

To write the obligations of an international treaty into Australian federal or state legislation, thereby binding our citizens.

Question 14

Greenhouse effect is caused by build up of greenhouse gasses in the air. What is this caused by?

Answer 14

burning fossil fuels such as oil, coal and natural gas
clearing and burning vegetation
the digestive processes of animals (cattle and sheep)
cultivation of rice
decomposing waste in garbage dumps and landfills

Question 15

what does COP stand for and briefly summarise what it is

Answer 15

COP26 stands for the ‘conference of the parties’ to the United Nations climate convention. It is the 26th meeting of the parties to the convention and it was hosted by the United Nations in partnership with Italy. It was agreed that countries would meet to pledge further cuts to emissions of carbon dioxide.

Question 16

Explain why the constitution may not have included the environment as an area of responsibility of the federal government when it was drawn up:

Answer 16

Because the environmental issues are largely the responsibility of State Governments and this has resulted in inconsistencies with environmental protection in Australia.

Question 17

How can the Federal Government pass environmental laws when it does not have power over the environment? Give examples:

Answer 17

The Federal Government can use areas in which it does have power to indirectly influence the environment. An example is when the federal government banned the exporting of sand mining products(thereby ending sand mining) by using its power of trade and commerce.

Question 18

What are the main objectives of the environment protection and biodiversity conservation act 1999

Answer 18

It aims to provide for the protection of the environment, especially matters of national environmental significance.

Question 19

Outline the approval process for ecologically sustainable development under the EPBC Act.

Answer 19

Step 1: Submitting a referral. You must complete a referral form and submit it to the minister via the department for consideration.
Step 2: The decision process. the minister has 20 business
days to decide whether the proposed action will require assessment and approval under the EPBC Act.
Step 3: Public comment period. As part of the total 20 business days taken for the referral process, there is a 10 business day public comment period. This provides an opportunity for the relevant Australian ministers to comment on the proposed action.
Step 4: The decision whether an action requires assessment and approval. minister will decide whether a proposed action is likely to have a significant impact on one or more matters protected by the EPBC Act. If a significant impact is likely the action will need to be assessed and approved under the EPBC Act before it can proceed. This is called a ‘controlled action’.
Step 5: How will the proposed action be assessed?? Proposed actions can be assessed using different methods, depending on a range of considerations. . The minister will let you know which method will be used in assessing your proposed action

Question 20

3. What legislation has the QLD government introduced to protect the GBR?

Answer 20

The Great Barrier Reef Marine Park Authority

Question 21

Describe what the role of a lobby group is

Answer 21

Lobbyists can help individuals and organizations communicate their views on matters of public interest to the government and in doing so, improve outcomes for the community as a whole.