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 – Norton Rose Fulbright, Sydney
Ms Jess Feehely – EDO Tasmania
Professor Alex Gardner – University of Western Australia
Professor Neil Gunningham – Australian National University
Professor Cameron Holley – UNSW Australia
Emeritus Professor Zada Lipman – Macquarie University
Professor Rosemary Lyster – The University of Sydney
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 – Honorary Fellow, Macquarie University
Mr Jeff Smith – CEO, People with Disability Australia
Professor Tim Stephens – The University of Sydney
Associate Professor 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: “Judicial Consideration of Intergenerational Equity in Australian Coal Mine Approval Litigation” – Edward Cleary; “The Balance of Environmental Protection and Economic Development in Federal Decision-making: An Investigation into Section 74A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)” – Timothy Dickson and Katie Woolaston; “Regulation of Land-based Marine Pollution in Australia: A Critical Assessment of the Current Legal Framework and Opportunities for Reform” – Nathan Hegerty; “An Inconvenient Covenant: How Climate Risks Are Transforming Australian Superannuation Trustees’ Liability under Statutory Covenants” – Olivia Kilponen; and “Legal Rights to Take Water for Managed Aquifer Recharge Projects in Western Australia” – Clare Ward-Noonan.
This Issue of the Environmental and Planning Law Journal includes the following articles: “The Role of Legal Innovation and Blockchain Technology in “Next Gen” Environmental Markets” – Emily Davies; “Indigenous Water Rights and Water Law Reforms in Australia” – Lee Godden, Sue Jackson and Katie O’Bryan; “Safeguards for the Sea – Offshore Oil Spill Liability in Australia” – Kierra Parker; and “Enhancing the Weather: Governance of Weather Modification Activities in Australia” – Manon Simon, Kerryn Brent, Jan McDonald and Jeff McGee.
This Issue of the Environmental and Planning Law Journal includes the following articles: “Regulation of Greenhouse Gas Emissions Generated by Major Projects: Scoping Out the Roles of the Commonwealth and State/Territory Governments” – Guy Dwyer; “Sustainable Finance in Australia: Compliance, Enforcement and Surrogate Regulation” – Neil Gunningham; “Energy Security and “Big Stick” Legislation” – Kin Pan; and “Designing Managed Retreat Policy for an Uncertain Future”– John Watson.
This Issue of the Environmental and Planning Law Journal includes the following articles: “Contemporary Issues in Environmental Impact Assessment” – Brian J Preston; “Improving Resilience: Electricity Law, Microgrids and Solar in the Context of Climate Change” – Thomas Duck; “Roadmaps and Regulation: Sustainable Finance in Australia” – Neil Gunningham; “Protecting Coastal Wetland Habitat for Migratory Shorebirds: Is Australian Law Doing Enough?” – Evan Hamman, Revel Pointon and Jemma Purandare; “Green Lawfare: Does the Evidence Match the Allegations? – An Empirical Evaluation of Public Interest Litigation under the EPBC Act from 2009 to 2019” – Annika Reynolds, Andrew Ray and Shelby O’Connor; and “Should CRISPR/Cas9 Technology Be Regulated under the Gene Technology Act 2000 (Cth)?” – Ella Scoles.
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.