Environmental and Planning Law Journal (EPLJ)
Cutting edge critique in environmental law and policy
About the Journal
The Environmental and Planning Law Journal is the recognised vehicle in Australia for the publication of high quality, in-depth reviews of all aspects of environmental law and policy.
The Journal specialises in cutting edge analysis, providing well-researched articles that cover significant developments across the environmental spectrum, including climate change and the impact on corporate law.
Coverage also includes integrated natural resources management; the ramifications of planning decisions; energy development; impacts on biodiversity; sustainability strategies; corporate liability and law enforcement; and environmental assessment.
The Environmental and Planning Law Journal provides a forum for discussing these and other issues in light of the impact of regulation, policy, development of economic instruments, administration and reform.
Dr Gerry Bates is an independent consultant in environmental law and policy who undertakes specialist courses at The University of Sydney and UNSW Australia. He has been honoured by the Law Council of Australia and National Environmental Law Association for his contributions to environmental law.
Dr Nicholas Brunton – Henry Davis York, Sydney
Ms Jess Feehely – EDO Tasmania
Assoc Professor Alex Gardner – University of Western Australia
Professor Neil Gunningham – Australian National University
Assoc Professor Cameron Holley – UNSW Australia
Emeritus Professor Zada Lipman – Macquarie University
Professor Rosemary Lyster – The University of Sydney
Assoc Professor Andrew Macintosh – Australian National University
Professor Simon Marsden – University of Stirling
Professor Jan McDonald – University of Tasmania
Dr Chris McGrath – Barrister, Higgins Chambers, Brisbane
Adjunct Professor Greg McIntyre SC – John Toohey Chambers, Perth
Professor Jacqueline Peel – University of Melbourne
The Hon Justice Brian Preston SC – Chief Judge, Land and Environment Court of New South Wales
Mrs Judith Preston – Solicitor of the Supreme Court of New South Wales and the Northern Territory; Honorary Fellow, Macquarie University
Mr Jeff Smith – Humane Society International
Professor Tim Stephens – The University of Sydney
Ms Amelia Thorpe – UNSW Australia
The following websites contain details of material published in the Journal:
http://legal.thomsonreuters.com.au/australian-legal-journals-index-online/productdetail/85643 (Australian Legal Journals Index)
https://clarivate.com/products/web-of-science/ (Web of Science Emerging Sources Citation Index)
The Australian Legal Journals Index is an online legal database prepared by the Lionel Murphy Library of the Commonwealth Attorney-General’s Department. It is produced by Thomson Reuters and is available via subscription.
The ESCI (Emerging Sources Citation Index) is an online database formerly produced by Thomson Reuters and now maintained by Clarivate Analytics. It is part of the Web of Science Core Collection and is available via subscription.
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For the individual contents pages for each Part, click here.
This Issue of the Environmental and Planning Law Journal includes the following articles: “The Murray-Darling Basin in Court: Administering Water Policy in the Eastern States of Australia – Administrative and Other Challenges” – Justice Nicola Pain and Georgia Pick; “Landowners’ Appeal of Seawalls Refusal Unsuccessful” – John R Corkill; “Higher and Distinctive Standards for Urban River Protection? Special Purpose “River Laws” and Land-use Planning” – Bruce Lindsay; “Take Care or Beware: Victoria’s New Environmental Protection Regime” – Alice Maxwell; “Serial Environmental Offenders: Putting Penalties into Practice” – Kierra Parker; “Planning vs Planning Law: Reconciling Planning Policy and Case Law in the Victorian Planning System” – Stephen Rowley; and “Climate Change Risk and the Urban Landscape” – Sophie Tepper.
This Issue of the Environmental and Planning Law Journal includes the following articles: “Urgent Need to Use and Reform Critical Habitat Listing in Australian Legislation in Response to the Extensive 2019–2020 Bushfires” – James A Fitzsimons; “A Case Study of Incentive Regulation in Electricity Transmission Networks for the Uptake of Renewable Energy: Build It and They Will Come” – Simon Anderson; “”If We Don’t Mine Coal, Someone Else Will”: Debunking the “Market Substitution Assumption” in Queensland Climate Change Litigation” – Justine Bell-James and Briana Collins; “Environmental Class Actions in Australia: A Coming Storm?” – Corey Byrne; “Climate-induced Displacement: Protection under the Current International Legal Frameworks” – Ishrat Jahan; “Reconsidering the Species-specific Approach: Insects and the Environment Protection and Biodiversity Conservation Act” – Sophie Lloyd; “Muddied Waters: Revealing Methodological Confusion in Australia’s Environmental Impact Assessment Process” – Maya Suzuki; and “Essay Topic: A New Era for a Higher Level of Public Participation in the Administration of Environmental Law and Justice in the People’s Republic of China” – Xu (John) Zhang. This issue also includes an Editorial: “Why Australia (Desperately) Needs a New National Sustainability Strategy” – Dr Gerry Bates.
This Issue of the Environmental and Planning Law Journal includes the following articles: “Corporations and Climate Change: An Investigation of Mandatory Climate Risk Disclosure in Australia” – Zoe Caldwell; “Victorian Ecological Sustainable Forest Management: Part VI – Identifying Change Mechanisms in Regulation and a New Model for Victorian Forestry Practice” – Dr Rhett Martin; “Identifying Opportunities for Climate Litigation: A Transnational Claim by Customary Landowners in Papua New Guinea against Australia’s Largest Climate Polluter” – Dr Chris McGrath; “Litigating at the Source: Attributing Climate Change Impacts to Coal Mines” – Kierra Parker; “Coal and Climate Change: A Study of Contemporary Climate Litigation in Australia” – Victoria McGinness and Murray Raff; and “Coastal Management and Protecting the Public Interest: Recent NSW Land and Environment Court Decisions” – Ballanda Sack, Timothy Allen and Bruce Thom.
This Issue of the Environmental and Planning Law Journal includes the following articles: “Impacts on Agricultural Land from Queensland’s Energy Transition” – Dr Georgina Davis; “China: A Global Renewable Energy Fulcrum?” – Jan Froestad and Tabitha M Benney; “Unconventional Gas and Royalty Sharing: The Benefits of Reconceiving Ownership and Revenue” – Samantha Hepburn; “Mercury Emissions, Regulation and Governance of Coal-fired Power Stations in Victoria, Australia” – Darren Sinclair and Larissa Schneider; “The Global Pact for the Environment: Implications for Climate Change Loss and Damage” – Angela Bruckner; “Clearing of Native Vegetation in Queensland: An Analysis of Finalised Prosecutions over a 10-Year Period (2007–2018)” – Dr Evan Hamman; “Horses, Culture and Ethics: Wildlife Regulation in Kosciuszko National Park” – Sophie Riley; “Aeroconservation – Challenges for Law and Policy” – Pip Wallace and Jennifer Holman; and Book Reviews: “Water Management in New Zealand’s Canterbury Region: A Sustainability Framework”, by Bryan R Jenkins – Reviewed by Rachel Ravagnani and Cameron Holley; and “Legal Rights for Rivers: Competition, Collaboration and Water Governance”, by Erin O’Donnell – Reviewed by Katie O’Bryan.
This Special Issue of the Environmental and Planning Law Journal includes an Editorial: “Governing Energy Transitions: Unconventional Gas, Renewables and Their Environmental Nexus” – Cameron Holley, Amanda Kennedy, Tariro Mutongwizo and Clifford Shearing; and the following articles: “International Environmental Law and the Anthropocene’s Energy Dilemma” – Louis J Kotzé; “Governing the Energy Transition: The Role of Corporate Law Tools” – Jacqueline Peel, Anita Foerster, Brett McDonnell and Hari M Osofsky; “Complicity in Climate Harms: A Case Study of Australia’s Gas Export Industry” – J Moss and E Walsh; “Smart Planning for Unconventional Oil and Gas Development” – Mark Squillace; “Fracking and Transboundary Water Management” – Rhett B Larson; “Shaping Unconventional Gas Regulation: Industry Influence and Risks of Agency Capture in Texas, Colorado and Queensland” – Cameron Holley, Tariro Mutongwizo, Clifford Shearing and Amanda Kennedy; “Big Time: An Empirical Analysis of Regulating the Cumulative Environmental Effects of Coal Seam Gas Extraction under Australian Federal Environmental Law” – Rebecca Nelson; “Coal Seam Gas Regulation in New South Wales: Drawing the Connections Between Risk, Communication and Trust” – Katherine Owens; and “More Joules per Drop–How Much Water Does Unconventional Gas Use Compared to Other Energy Sources and What Are the Legal Implications?” – Wendy A Timms, Sudeep Nair and Rebecca Nelson.
EPLJ Special Issue on Governing Energy Transitions: Unconventional Gas, Renewables and their Environmental Nexus
This Special Issue of the Environmental and Planning Law Journal (EPLJ Vol 36 Part 5 ), compiled by Guest Editor, Professor Cameron Holley (UNSW Sydney and PLuS Alliance Fellow) brings together the contributions of leading environmental and energy law and governance experts to distil insights from Australia and the globe and examine the role of law in governing energy transitions, and law and governance mechanisms might be needed to better govern energy transitions and their nexus with the environment. The Introduction to this Special issue – Governing Energy Transitions: Unconventional Gas, Renewables and their Environmental Nexus (by Cameron Holley, Amanda Kennedy, Tariro Mutongwizo and Clifford Shearing) provides a brief overview and synthesises lessons from each article featured.
This Part of the Environmental and Planning Law Journal includes the following articles: “Joint Crediting Mechanism in Practice” – Dr Justin Dabner; “Remediating Public Interest Environmental Harm: Revisiting the Montara and Deepwater Horizon Oil Spills and the Need for Legislative Reform in Australia” – Edward Dymond; “Regulation of electronic waste under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal” – Michael Goodall; “Regulating Wild Collected Orchids? The CBD, Nagoya Protocol and CITES Overlaps” – Charles Lawson, Jenna Wraith and Catherine Pickering; “Rehabilitation of Abandoned Fracking Operations: A Comparative Study on the Effectiveness of Levy Schemes in Meeting the Polluter Pays Principle” – Tania Murray, Edward Andre and Krishna Prasad; “Shipping Companies’ Accountability in Ballast Water–induced Pollution Regulation” – Mia Mahmudur Rahim, Md Tarikul Islam and Sanjaya Kuruppu; and “Our Home Is Girt by Seawalls? Preserving the Public Interest in an Era of Sea Level Rise” – Mr Ashley Robb, Michele Payne, Dr Laura Stocker and Dr Garry Middle.
This Part of the Environmental and Planning Law Journal includes the following articles: “Environmental and Planning Law in the Age of Human Rights and Climate Change” – The Hon Michael Kirby AC CMG; “Restorative Justice Intervention in an Aboriginal Cultural Heritage Protection Context: Chief Executive, Office of Environment and Heritage v Clarence Valley Council” – Mark Hamilton; “Critical Human Water Needs: Failing to Comply with the Objects of the Water Act and Human Rights Obligations” – Caitlin McConnel; “Corporate Disclosure on Climate Change: Evaluating the Australian Domestic Legal Framework’s Ability to Oversee and Enforce Disclosures Made by Corporate Entities Participating in Voluntary International Disclosure Regimes” – Maria Nicolae; “Can the Market Decide? A Law and Economics Analysis of Models of Legislation Banning Plastic Bags” – Dai Moore and Murray Raff; “Waste to Energy or Waste of Energy: Social and Regulatory Barriers for Waste-to- Energy in Australia” – Monique Vella; and “Hydraulic Fracturing (Fracking) in Australia” – Leslie Yong.
This Part of the Environmental and Planning Law Journal includes the following articles: “Ecologically Sustainable Development and the Great Barrier Reef – A Delicate Balance of Interests” – Justine Bell-James and Craig Forrest; “GreenPower and Renewable Energy: Consumer Protection, Trade Practices and Energy Market Regulation in Australia” – David Leary; “Ecologically Sustainable Forest Management Part V: Regulation of Private Plantation Forestry in Victoria: A Case Study of Hancock Victorian Plantations Pty Ltd” – Dr Rhett Martin; “Wild Horses and the Limitations of Commonwealth Environmental Decision-Making” – Alice Menyhart; “The Japanese ‘Special Declaration’: Threat to the Rule of International Law in the Antarctic?” – Sandy Milne; and “Tensions in the Tarkine: Four-Wheel-Drive Tracks and the Federal Court Judgments” – Sarah Norgrove.
This Part of the Environmental and Planning Law Journal includes the following articles: “A Study of the National Energy Guarantee and Federal Governance Frameworks within the Power Generation Industry” – Simon Magnus Anderson; “Arborist Reporting Standards: Legal Liability for the Consulting Arborist” – Alex Austin; “General Duties as Regulatory Tools in Environmental Protection: Principles, Practice, Problems” – Arie Freiberg; “Victorian Ecologically Sustainable Forest Management: Part IV – A Case Study of Current Regulation of Victorian State Forest Harvesting” – Dr Rhett Martin; and “Non-strenuous Effort? – The European Union’s Effort Sharing and LULUCF Regulations for the Period 2021–2030” – Joshua Prentice. This Part also includes the following sections: Editorial: “Paris Agreement Goals Slipping Away and with Them Australia’s Chance to Save the Great Barrier Reef” – Dr Chris McGrath; and Case Note: “Urgenda Appeal Is Groundbreaking for Ambitious Climate Litigation Globally” – Dr Chris McGrath.