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.
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: “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.
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 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.
The latest Part of the Local Government Law Journal include the following articles: “Distributive justice, ordinary rates and the categorisation of land for rating purposes in New South Wales: An update” – Guy J Dwyer; and “Retreat from retreat – the backward evolution of sea-level rise policy in Australia, and the implications for local government” – Justine Bell and Mark Baker-Jones. Also in this Part are the Digest of Cases and the Local Government & Planning Law Guide Cases.