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 – 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
Subscribe or Purchase
To subscribe to this Journal or purchase individual articles, please visit our “Subscribe or Purchase” page.
For the individual contents pages for each Part, click here.
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.
This Part of the Environmental and Planning Law Journal includes the following articles: “Emergence of the Soil Conservation Act 1938 (NSW): The Origins of a Co-operative and Voluntary Regulatory Approach to Landcare on Private Land 1884–1938” – Judith S Jones; “Adapting to a Sustainable Energy Future – Part 2: Regulating Wind Energy Development under the NSW Planning Law Regime” – Brian J Preston and Tristan Orgill; “Suggested Improvements to the Australian Environmental Impact Assessment Process to Benefit Marine Megafauna” – Rachel A Groom, Kerry M Neil and Helene D Marsh; “Moving from Confusion to Cohesion: An Analysis of the Legislative Framework of Wetland Conservation in Western Australia” – Toby Nisbet, Vic Semeniuk, Chris Semeniuk and Margaret Brocx; “Coastal Climate Change and Transferable Development Rights” – John Sheehan, Andrew H Kelly, Ken Rayner and Jasper Brown; and “Sustainable Development – A Review” – Serge Killingbeck.
Environmental and Planning Law Journal update: Vol 34 Pt 6 (Special Issue: Frontiers in Environmental Law)
This Special Issue of the Environmental and Planning Law Journal is a collection of papers from the 3rd Frontiers in Environmental Law Colloquium held at Melbourne Uni Law School in Feb 2017. With an Editorial by Brad Jessup, Lee Godden and Jacqueline Peel, this Part features the following articles: “Making Climate Science Matter in the Courtroom” – Nicole Rogers; “Electricity Systems between Climate Mitigation and Climate Adaptation Pressures: Can Legal Frameworks for ‘Resilience’ Provide Answers?” – Stephanie Niall and Anne Kallies; “Competition or Collaboration? Using Legal Persons to Manage Water for the Environment in Australia and the United States” – Erin O’Donnell; “‘Seeing the Place Makes It Real’: Place-based Teaching in the Environmental and Planning Law Classroom” – Estair Van Wagner; “The Sustainability Business Clinic – Australian Clinical Legal Education for a ‘New Environmentalism’ and New Environmental Law” – Brad Jessup and Claire Carroll; and “Implications of Indigenous Land Tenure Changes for Accessing Indigenous Genetic Resources from Northern Australia” – Fran Humphries, Daniel F Robinson and Heron Loban.
This Part of the Environmental and Planning Law Journal includes the following articles: “Engagement: Australia’s weak link in biodiversity protection” – Paul Martin, Elodie Le Gal and Miriam Verbeek; “Compliance with statutory directives and the negligence liability of public authorities: Climate change and coastal development” – Justine Bell-James and Anna Huggins; “Adapting to a sustainable energy future: Part 1 – The localisation of sustainable energy generation under the New South Wales planning law regime” – Hon Justice Brian J Preston SC and Tristan Orgill; “Community Engagement Charters: South Australia’s proposal to change the approach to community involvement in land-use planning” – Paul Leadbeter; “China’s market-based environmental reforms: From inception to international co-operation and integration” – Benny Hu and Richard Simmons. This Part also includes a book review: “Hydraulic Fracturing in the Karoo” edited by J Glazewski and S Esterhuyse – reviewed by Tariro Mutongwizo and Cameron Holley.
This Part of the Environmental and Planning Law Journal includes the following articles: “Farmers, voluntary stewardship and collaborative environmental governance in rural Australia” – Andrew Lawson; “From smart to unsmart regulation: Undermining the success of public interest litigation” – Sophie Riley; “Drowning Cliefden Caves: Environmental law and geoheritage protection in New South Wales” – David Leary; “Jacob v Save Beeliar Wetlands: The demise of EPA policy as a mandatory relevant consideration” – Jasmine Morris; “Reducing emissions from deforestation after the Paris Agreement: New ambition, old challenges” – Emily Archer.
This Part of the Environmental and Planning Law Journal includes the following articles: “Environmental decision-making in the Anthropocene: Challenges for ecologically sustainable development and the case for systems thinking” – Laura Schuijers; “Should a general ‘duty of care’ for the environment become a centerpiece of a ‘next generation’ environment protection statute?” – Neil Gunningham; “Victorian ecologically sustainable forest management: Pt III – Regulatory theory and modality” – Rhett Martin; “Anything goes? Performance-based planning and the slippery slope in Queensland planning law” – Philippa England and Amy McInerney; “REDD+ and forest fires: Implications for the legal and policy forest fire management framework in Indonesia” – Laely Nurhidayah, Zada Lipman and Shawkat Alam.
This Part of the Environmental and Planning Law Journal includes the following articles: “Supply-side climate policies and the Yasuní-ITT Initiative” – Andrew Macintosh and Amy Constable; “Rethinking threatened species legislation in the context of climate change” – Sophie Whitehead; “Victorian ecologically sustainable forest management: Part II – A cautionary tale – The Brown Mountain case and its ramifications” – Rhett Martin; “Planning for coastal erosion and inundation in Western Australia: Practices and perceptions from the local level” – Ashley Robb, Laura Stocker, Michele Payne and Garry Middle; “No way to build a highway: Law, social justice research and the Beeliar Wetlands” – Toby Nisbet and Geoffrey J Syme.
This Part of the Environmental and Planning Law Journal includes the following articles: “Towards an international emissions trading scheme: Legal specification of tradeable emissions entitlements” – Hope Johnson, Pamela O’Connor, Bill Duncan and Sharon Christensen; “Commissions and inquiries into the nuclear fuel cycle: Public participation and attitudes to risk and process” – Simon Marsden; “Victorian ecologically sustainable forest management: Part I – Sustainability and regulatory theory” – Rhett Martin; “Risk-based regulation: Examination of the adoption of risk-based regulation reforms in Western Australia” – Eleanor Stoney; and Comment: “The war on solar and wind: Australian renewable energy policy” – Kate McCallum.