Week 9 Flashcards
What is Environmental Law?
Laws that regulate the impact of human activities (e.g., chemical processing) on the environment (i.e., air, water, land, flora or fauna).
Purpose of environmental legislation
To protect the social values enshrined in society
To give legal effect to the policies of governments.
To give expression to the policies of governments in relation to the sustainable management of all forms natural resources
AT COMMONWEALTH GOVERNMENT LEVEL: department of environment
Department of Environment is responsible for implementing the Australian Government’s policies to protect our environment and heritage, and to promote a sustainable way of life.
administers Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act), a legal framework for environ. protection in Australia.
Environment Minister administers a wide range of national environment laws, governing individuals’ and organisations’ activities, e.g., assessment of environment impact of major projects.
Environment Protection and Biodiversity
Conservation Act 1999 (EPBC Act)
is Australian Government’s key piece of environmental legislation.
enables the Australian Government to join with the states and territories in providing a truly national scheme of environment and heritage protection and biodiversity
conservation.
It manages nationally and internationally important flora, fauna, ecological communities and heritage places.
focuses Australian Government interests on the protection of matters of national environmental significance, with the states and territories having responsibility for matters of state and local significance.
Commonwealth covers
Thus covers Australia-wide environmental issues, e.g.,
Ecologically sustainable development.
Great Barrier Reef
Greenhouse
Land contamination
Salinity and water quality
National Pollution Inventory (NPI)
Natural heritage
Oceans
Natural resources like fish, forests etc
(World (outstanding universal value, best examples in world) and national heritage sites)
NSESD
National Strategy for Ecologically Sustainable
Development 1992
NSESD key principles:
integrating economic and environmental goals in policies and activities;
ensuring that environmental assets are properly valued;
providing for equity within and between generations;
dealing cautiously with risk and irreversibility;
recognising the global dimension (e.g. climate change).
Environment Protection Act 1970
second Act in the world to have integrated, wholistic and systematic approach to environment incorporates prevention of pollution and environmental
damage, sustainable development.
employs consultative approaches and so encourages cooperation in environmental protection.
principles of environmental protection added to Act in 2001 and so consistent with NSESD
EPA duties
Administers Acts
Works approvals, pollution abatement notices
Waste transport permits
Develops policies for environ and waste management
Implements National Environment Protection Measures
(NEPMs, framework statutory instruments which outline agreed national objectives re protection/management particular environ aspects)
What 10 Principles of environment protection were added in 2001 and so EPA 1997 is consistent with NSESD (Commonwealth)
Integration of eco, environ and social considerations
Precaution
Intergenerational equity
Conservation of biological diversity and ecological integrity
Improved valuation, pricing and incentive mechanisms
Shared responsibility
Waste hierarchy
Integrated environ management
Enforcement
Accountability
State Environment Protection Policies (SEPPs) cover:
Have a range of SEPPs to cover the major env compartments.
Air
Land
Groundwaters
Noise
Waters of Victoria
Used Packaging Material
Waste Management Policies
Improved versions of industrial waste
management policies (IWMPs), came in with
Env Protection (Resource Efficiency) Act 2002.
Cover:
Generation, use, storage & treatment
Transport, handling & disposal
Recovery, recycling, reclamation & reuse
of waste
Dept. of Sustainability & Environment
A government environmental policy-maker for sustainable management of:
water resources
climate change
bushfires
public land
forests and ecosystems
Why should organisations report breaches of
environmental protection regulations?
Regulations, licences and permits require a business to report breaches.
If there is a breach, reporting will minimise damage to the environment.
To avoid being fined for not disclosing the breach.
To show accountability to stakeholders that the business takes its environmental responsibility seriously.
What happens if people or organisations
don’t comply?
The environmental laws contain substantial criminal and civil penalties for breaches of them.
They also specifically allow the general public and community-based organisations access to the
federal/local courts to seek an injunction to, e.g., stop an action that is likely to have a significant impact on a nationally and/or internationally protected matter.
