GEP - Australia's responses to international initiatives to protect the environment

Question 1

List key responses to international documents (legislation) 5

Answer 1

• Kyoto Protocol 1997 –> R2007 –> Clean Energy Act 2011 (Cth)
• Control of Transboundary Movements of Hazardous Waste and their Disposal 1989 (Basel Convention) –> R1992 –> Recycling and Waste Reduction Act (Cth) 2020
• Montreal Protocol on Substances that Deplete the Ozone Layer 1987 –> R1988 –> Ozone Protection Act 1989 (Cth)
• Paris Agreement 2016 –> R2016 –> Climate Change Act 2022 (Cth)
• Convention on Biological Diversity 1992 –> R1993 –> Environmental Protection and Biodiversity Conservation Act 1999 (Cth)

Question 2

Case law 4

Answer 2

• EPA v Gardner highlighted a societal and legal shift in growing recognition of environmental crimes and the need to enforce these with appropriate punishments
• The Land and Environment Court, under the Land and Environment Court Act 1979 (NSW) has held the power to imprison individuals for environmental crimes however didn’t use this power until 1997 case
• Ian Lloyd, prosecutor for the Environmental Protection Authority said ‘I see the function of prosecuting environmental criminals as equally if not more important than prosecuting murderers’
• Environment Protection Authority v. Gardner, the Court imposed the maximum penalty (12 months imprisonment and AU$250,000 in fines) for extensive environmental pollution that was perpetrated in a deliberate and dishonest manner.
• Commonwealth v Tasmania 1983 HC (Tasmanian Dam Case) –> Tasmanian Hydro-electric Commission proposed the construction of a dam in an area declared as a world heritage site, this alone couldn’t stop the construction though. Tasmania passed laws allowing the dam to proceed however with a party changeover, Bob Hawke administration promised to intervene and prevent the construction once elected, hence used SS to pass World Heritage Properties Conservation Act 1983 (Cth) with in conjunction with National Parks and Wildlife Conservation Act 1975 (Cth) enabled them to prevent clearing, evacuation and construction. Tasmania challenged this saying commonwealth didn’t have power under constitution to stop decision, however HC upheld Cth’s powers and set precedence for the Cth’s constitutional powers in protecting the environment, using their SS to sign, ratify and enact international laws. This case granted constitutional validity to section 51 part XXIX of the Australian Constitution, external affairs power, to enact international law.
• Gloucester Properties Ltd v NSW Planning Minister (2019) LEC –> judge refused permission for a new open-cut coal mine in the Hunter Valley due to the accelerating effects it would have on climate change, estimated that they would have mined 21 million tonnes of coal which would have resulted in over 85,000 pounds of CO2
• Sharma v Minister for the Environment [2021] FCA Deciding whether the approve the coal mine expansion under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), the Minister has a duty to protect young people from the devastating impacts of climate change

Question 3

Explain the legislative reforms as a response to the ratification of international documents 3

Answer 3

• Environment Protection and Biodiversity Conservation Act 1999 (Cth) gives the Commonwealth powers in relation to the protection of national and world heritage properties, threatened species and ecological communities, wetlands of national importance, Great Barrier Reef etc. to provide protection for the environment, especially sites of national or indigenous significance, protect national and world heritage, promote ecologically sustainable development (principle drawn from the Stockholm Conference 1972)
• Recycling and Waste Reduction Act 2020 (Cth) –> aim to create a circular economy, so whilst economic interests can have positive environmental by-products. Aims to provide better regulations for the disposal of waste that doesn’t infringe upon the environment or human health and safety as well as to grow the recycling industry in Australia and make better use out of waste
• Convention on Biodiversity 1992 established 3 main goals: conservation of biological diversity, sustainable use of resources and fair and equitable sharing of resources

Question 4

Effectiveness of these law reforms 3

Answer 4

• According to an independent statutory review of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) lead by Professor Graeme Samuel, it is ‘ineffective’ and ‘not fit for current or future environmental challenges, including climate change’, the law ‘does not facilitate maintenance or restoration of the environment’. It provided over 30 recommendations, including that: establish an Indigenous Engagement and Participation Committee to refine, implement and monitor the National Environmental Standard for Indigenous engagement and participation in decision-making
• Australia is part of the top 7 countries responsible for 60% of biodiversity loss worldwide 1996-2008, second worst of the group with a biodiversity loss of 10%, according to a study published by the journal ‘Nature’
• ‘tear-jerking moment’ - The Conversation 2021 –> “The physical environment will be harsher, far more extreme and devastatingly brutal when angry. As for the human experience – quality of life, opportunities to partake in nature’s treasures, the capacity to grow and prosper – all will be greatly diminished” - judge from Sharma v Minister for Environment 2021 FC, Judge Bromberg J

Question 5

what is biodiversity and its importance 1

Answer 5

variety of life forms within an ecosystem, a biome or the
planet –> diverse ecosystems are more productive, more sustainable over the long-term, species interdependence within an ecosystem contributes to its health and life forms

Question 6

stats 5

Answer 6

• the no. of extinctions worldwide has been 53x higher than normal since 1990
• 90% of mangroves and sub-tropical forests have been converted to human uses
• Ipsos Climate Change Report 2022 shows the majority of Australians are concerned about climate change (83%) and 70% consider that Australia is already being affected by climate change
• WWF’s Living Planet Report 2022 include:
  Global wildlife populations fell by 69%, on average, between 1970 and 2018
• Australia received ‘F’ for biodiversity WWF 2022