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
Dr 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 – Flinders University
Professor Jan McDonald – University of Tasmania
Dr Chris McGrath – The University of Queensland
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
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For the individual contents pages for each Part, click here.
Australia has been a world leader in water law and governance reform. However, after 20 years of progress, water is quickly slipping from the national agenda. Despite many remaining implementation challenges and drought risks, there has been little detailed intergovernmental direction about the “next steps” in Australia’s water strategy. At this critical juncture, this Special ...more
This Special Issue of the Environmental and Planning Law Journal focuses on Rethinking Australian Water Law and Governance, with an Introduction by Guest Editor, Associate Professor Cameron Holley, and Darren Sinclair. This Part features the following articles: “National Water Initiative styled water entitlements as property: Legal and practical perspectives” – Janice Gray and Louise Lee; “Governing water markets: Achievements, limitations and the need for regulatory reform” – Cameron Holley and Darren Sinclair; “Public participation, litigation and adjudicative procedure in water resources management” – Bruce Lindsay; “Reimagining water buybacks in Australia: Non-governmental organisations, complementary initiatives and private capital” – Katherine Owens; “Broadening regulatory concepts and responses to cumulative impacts: Considering the trajectory and future of groundwater law and policy” – Rebecca Nelson; “Water law reform in the face of climate change: Learning from drought in Australia and the western United States” – Barbara Cosens; “Creating the next generation of water governance” – Paul Martin;and “Australia, wet or dry, north or south: Addressing environmental impacts and the exclusion of Aboriginal peoples in northern water development” – Lily O’Neill, Lee Godden, Elizabeth Macpherson and Erin O’Donnell.
This Part of the Environmental and Planning Law Journal includes the following articles: “A new fast lane or just a roadblock? Mitigating road transport GHG emissions under Australia’s Emissions Reduction Fund” – Prafula Pearce and Vanessa Johnston; “Co-opting the precautionary principle: The Victoria Planning Provisions’ ‘one kilometre consent requirement’ for wind energy facilities” – Chiara Bryan; “Holding fracking operations to account for environmental contamination in risk-based regulatory regimes: Insights from the United States” – Tania Murray, Dr Edward Andre and Krishna Prasad; “The drafting and content of threatened species recovery plans: Contributing to their effectiveness” – Bruce Lindsay and James Trezise; “Proactive restorative justice: A set of principles for enhancing public participation” – Clara Wilson. This Part also includes Commentary: “Determining the adequacy of Aboriginal cultural heritage assessments: Amber lights and red lights” – Ballanda Sack, Andrew Beatty and Karina O’Callaghan.
This Part of the Environmental and Planning Law Journal includes the following articles: “Biodiversity offsets: Adequacy and efficacy in theory and practice” – The Hon Justice Brian J Preston; “Energy regulation for a low carbon economy: Obstacles and opportunities” – Neil Gunningham and Megan Bowman; “Rising standards: Climate change and professional liability in the construction industry” – Tim Rankin.
This Part of the Environmental and Planning Law Journal includes the following articles: “Myth drives Australian Government attack on standing and environmental ‘lawfare’” – Dr Chris McGrath; “Strategic environmental assessment of Australian offshore oil and gas development: Ecologically sustainable development or deregulation?” – Simon Marsden; “Planning and development dilemmas in a minority government: Restoring community or held to ransom?” – Philippa England; “Governance of Tasmania’s private bushlands: Artful ensemble or hodgepodge?” – Benjamin Richardson and Tom Baxter; and “Blue carbon for reducing the impacts of climate change: An Indonesian case study” – Ajar Buditama. This Part also includes a book review: “The Aarhus Convention: A Guide for UK Lawyers” by Charles Banner – reviewed by Jess Feehely.
The latest Part of the Environmental and Planning Law Journal includes the following articles: “Natural capital risk management: Regulating the main externalities of business” – Rhett Martin; “The World Heritage Convention: Compliance, public participation and the rights of Indigenous people” – Simon Marsden; “‘Restorative justice activity’ orders: Furthering restorative justice intervention in an environmental and planning law context?” – Mark Hamilton; “Ku-ring-gai, New South Wales: A battleground between urban consolidation and green amenity” – Luke McGregor and Andrew H Kelly. This Part also includes a book review: “Interpreting Environmental Offences: The Need For Certainty” by Emma Lees – reviewed by Dr Chris McGrath.
The latest Part of the Environmental and Planning Law Journal includes the following articles: “Commonwealth power and environmental management: Constitutional questions revisited” – Sangeetha Pillai and George Williams; “A model law for site contamination: Key features and challenges in a developing country context” – Elizabeth J Brandon; “Fracking in Australia: The future in South Australia?” – Karen Bubna-Litic; “Miners’ liability to redress reduced water quantity and quality after mine site closure: A case study of the Collie Coalfields in Western Australia” – Clare Ward; and “The perils of fast-tracking mining development: An examination of the Mining SEPP “resource significance” amendments” – Tristan Orgill.
The latest Part of the Environmental and Planning Law Journal includes the following articles: “Economic valuation of the environment” – The Hon Justice Brian J Preston; “The operation of the precautionary principle in Australian environmental law: An examination of the Western Australian White shark drum line program” – Katie Woolaston and Evan Hamman; “Can “risk-based” regulation help increase public confidence in the Environment Protection Authority? An evaluation of New South Wales environmental licensing reforms” – Matthew Roach; “The pernicious problem of “pointy” pollution: An assessment of the international and Australian legal regimes for controlling point-source, land-based marine pollution” – Tristan Orgill; and “Opportunities and obligations for residential developers to undertake wastewater recycling and stormwater capture: A Western Australian perspective” – Meluka Bancroft and Alex Gardner.
The latest Part of the EPLJ includes the following articles: “The adequacy of the law in satisfying society’s expectations for major projects” – The Hon Justice Brian J Preston; “Striving for best practice in environmental governance and justice: Reporting on the inaugural Environmental Democracy Index for Australia” – Guy J Dwyer and Judith A Preston; “Practical precautions, reasonable responses: How South Australia’s planning regime adapts to the coastal impacts of climate change” – John Watson; and “Ecuador’s Yasuní-ITT initiative for mitigating the impact of climate change” – Tammy Vallejo Silva and Martin Calisto Friant. There is also a review of the following book: Climate Change and Coastal Development Law in Australia by Justine Bell.
Washington DC-based climate think-tank, the World Resources Institute is set to launch its Environmental Democracy Index (EDI) in May. Developed in partnership with The Access Initiative, the EDI is designed to provide a snapshot of a nation’s performance in key practice areas of environmental governance. In the latest issue of the EPLJ, report contributors Guy J Dwyer and Judith A Preston discuss Australia’s performance under the EDI – scoring just 1.42 out of a maximum possible score of 3; and achieving the best possible practice results in only 14 out of 24 practice indicators.