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.
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.
This Part of the Environmental and Planning Law Journal includes the following articles: “The Australian Experience on Environmental Law” – Brian J Preston; “Should Australia Introduce a Japanese Style Joint Crediting Mechanism?” – Dr Justin Dabner; “A Legislative Pigsty? The New Regime for Assessing and Managing Biodiversity Impacts Associated with State Significant Development in New South Wales” – Guy J Dwyer; “Designing Nature: Protecting the Australian Environment from Synthetic Biology” – Will Richards; “Challenging Decisions: Environmental Non-government Organisations’ Use of Judicial Review under the Environment Protection and Biodiversity Conservation Act 1999 (Cth)” – Nicola Silbert; and “Environmental Stewardship Duties in Biosecurity: Issues and Challenges” – Paul Martin and Natalie Taylor.
This Part of the Environmental and Planning Law Journal includes the following articles: “Blue Sky Mine: Environmental Risk Disclosure in Australia” – Madeline Baker; “Fairness, Justice and Repairing Environmental Harm; Reconciling the Reparative Approach to the Sentencing of Environmental Crimes with Sentencing Principles” – Andrew Burke; “Hunting for Efficacy: A Critical Evaluation of International Responses to Wildlife Trafficking in the African Great Lakes Region” – Angad Keith; “A Comparison of Third-party Administrative Review Rights in Planning and Environmental Law from a Social Justice Perspective” – Jayna Liew; “No Butterfly Catchers Here! Citizen Science Involvement in Environmental Impact Assessment Compliance Monitoring” – Lara Clare Norman; “Challenges and Opportunities at Implementing Groundwater Governance in Australia: Case Studies from South Australia and Western Australia” – Gabriela Cuadrado-Quesada; and “Re-examining the Approach to Alternative Sentencing Orders in New South Wales Pollution Law” – Sarah Wright.
This Special Issue of the Environmental and Planning Law Journal focuses on the regulation of pesticides. This Part includes the following content: “Special Issue Editorial: Regulation of Pesticides in Five National Contexts: The Need for a Paradigm Shift from Causation to Caution” – Professor Elisabeth Lambert, Dr Sally Knowles; “Constitutional Impediments to the Cooperative Framework for Pesticide Regulation in Western Australia” – Toby Nisbet; “Avoiding Conflicts of Interest: Compliance within Australia’s National Regulator of Pesticides” – Ann-Claire Larsen; “The Discord between International and Australian Approaches to Pesticide Regulation and the Precautionary Principle” – Mostafa M Naser, Toby Nisbet and Tanzim Afroz; “Pesticides, Disease, Causal Uncertainty and Standards of Proof: An Introduction to the Impact of Causal Uncertainty on Incapacitated Workers Seeking Compensation in Australia” – W Rupert Johnson; “Establishing Cause, What Does That Mean from an Epidemiological and Legal Perspective?” – J Oosthuizen and M Cross; “The Regulation, Control and Management of Pesticides in Singapore” – Lye Lin Heng; “A Critical Analysis on the Legal and Institutional Frameworks on Pesticides in the Philippines” – Rose-Liza Eisma-Osorio; “Permitting Poison: Pesticide Regulation in Aotearoa New Zealand” – Catherine J Iorns Magallanes; and “Pesticides Law and Precautionary Principle in Canada: Does the Entanglement of Federal and Provincial Rules Adequately Protect Us from Environmental and Health Risks?” – Marc-Antoine Racicot.
This Part of the Environmental and Planning Law Journal includes the following articles: “Does the ‘One-Stop Shop’ Need Refurbishing? Evaluating the Review Jurisdiction of the NSW Land and Environment Court – Christopher Pearce; “Offsetting Cultural Heritage: Lessons from the Theory and Practice of Biodiversity Offsets” – Robert Holbrook and Professor Jan McDonald; “The Assessment of Flooding Risks in the Courts: Seeds of a Divergent Jurisprudence” – Dr Philippa England; “Australian Government’s Ongoing Challenge to Achieve Fuel Efficiency Standards by 2025 Can Impact on 2015 Paris Agreement” – Anna Mortimore and Hope Ashiabor; “It Is about Time: Understanding the Textures of Time in Australian Environmental Law” – Benjamin J Richardson; “Public Participation and the Adani Syndrome” – Dr Noeleen McNamara and Dr William Crane; and “Evaluating the Governance Potential of Voluntary Stewardship Programs for Farmers” – Andrew Lawson and Paul Martin.
This Part of the Environmental and Planning Law Journal includes the following articles: “The Judicial Development of the Precautionary Principle” – Brian J Preston; “The Market Model for Carbon Reduction: Planning for Success Post-Paris” – Katy Milne and Paul Latimer; “Subsidising Fossil Fuels in Australia: Analysing the Agreement on Subsidies and Countervailing Measures from a Climate Change Perspective” – Sanja Nenadic; “Ms Onus and Mr Neal: Agitators in an Age of ‘Green Lawfare'” – Rachel Pepper and Rachael Chick; “Redefining CSG ‘Waste’ Water: New Opportunities for Managed Aquifer Recharge” – Jacqui Robertson; and “Case Note – Millers Point Community Assoc Inc v Property NSW  NSWLEC 92: The Sirius Building Case” – Dr MacLaren North. This Part also includes book reviews: The Challenges of Approaching Judging from an Earth-Centred Perspective” – reviewed by Brian J Preston; and “Risk, Resilience, Inequality and Environmental Law” – reviewed by John Watson.