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.
Posted in Environmental and Planning Law Journal (EPLJ), Journals, Update Summaries | Tagged Alice Maxwell, articles, Basin Plan 2012 (Cth), Basin State water management regimes, Bruce Lindsay, built environment, Climate Change Risk and the Urban Landscape, climate justice, corporate governance, environmental offences, EPLJ, Georgia Pick, Higher and Distinctive Standards for Urban River Protection? Special Purpose "River Laws" and Land-use Planning, Intergovernmental Panel on Climate Change, John R Corkill, Justice Nicola Pain, Kierra Parker, Landowners’ Appeal of Seawalls Refusal Unsuccessful, local councils' coastal zone planning, management program preparation, National Trust principle, physical climate change risks and liabilities, planning appeal tribunals, Planning vs Planning Law: Reconciling Planning Policy and Case Law in the Victorian Planning System, property rights, responses of government and private actors in Australia, river management, seawall proposals, sentencing serial environmental offenders, Serial Environmental Offenders: Putting Penalties into Practice, Sophie Tepper, Stephen Rowley, superior private property rights, Take Care or Beware: Victoria's New Environmental Protection Regime, The Murray-Darling Basin in Court: Administering Water Policy in the Eastern States of Australia – Administrative and Other Challenges, urban planning and legal professionals, Victoria’s Occupational Health and Safety legislation, Water Act 2007 (Cth), Yarra River Protection (wilip-gin Birrarung murron) Act 2017 (Vic) |
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.
Posted in Environmental and Planning Law Journal (EPLJ), Journals, Update Summaries | Tagged "If We Don’t Mine Coal Someone Else Will", 2019–2020 Bushfires, A Case Study of Incentive Regulation in Electricity Transmission Networks for the Uptake of Renewable Energy: Build It and They Will Come, Administrative Litigation Law (ALL), adverse impacts of climate change, articles, assessment of environmental and economic impacts of mining projects, Australian class action jurisprudence, bioregional planning, Briana Collins, changing market conditions, Civil Procedure Law (CPL), claims by foreign claimants against Australian-domiciled entities, claims for breach of statutory environmental duties, climate change based claims, Climate-induced Displacement: Protection under the Current International Legal Frameworks, coal mine, Convention Relating to the Status of Refugees 1951, Corey Byrne, critical habitat, Debunking the "Market Substitution Assumption" in Queensland Climate Change Litigation, Dr Gerry Bates, ecological civilisation, Editorial, EIA, Environment Protection and Biodiversity Conservation Act 1999 (Cth), Environmental Class Actions in Australia: A Coming Storm?, environmental public-interest litigation, EPBC Act, EPLJ, 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, foreign pollution, impacts of a development project on the environment economy and society, Ishrat Jahan, James A Fitzsimons, Justine Bell-James, Maya Suzuki, moral and ethical issues, MSA, Muddied Waters: Revealing Methodological Confusion in Australia's Environmental Impact Assessment Process, native insect species, new types of claims, offshore wind, Paris Agreement, Protocol to the United Nations Framework Convention on Climate Change, Reconsidering the Species-specific Approach: Insects and the Environment Protection and Biodiversity Conservation Act, renewable energy generation, Simon Anderson, solar PV, Sophie Lloyd, Special Issue, species-specific protections, standard of proof and precautionary principle, sustainable development of PRC, threatened species, Urgent Need to Use and Reform Critical Habitat Listing in Australian Legislation, Why Australia (Desperately) Needs a New National Sustainability Strategy, Xu (John) Zhang |
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.
Posted in Environmental and Planning Law Journal (EPLJ), Journals, Update Summaries | Tagged Ballanda Sack, climate change, Climate Change Impacts to Coal Mines, climate risk disclosure, coastal erosion, Coastal Management Act 2016 (NSW), Coastal Management and Protecting the Public Interest, Contemporary Climate Litigation, Corporations and Climate Change, customary landowners in Papua New Guinea, Dr Chris McGrath, Dr Rhett Martin, environmental assessment of coal projects, EPLJ, Forestry regulation, Gloucester Resources Ltd v Minister for Planning, Kierra Parker, Loy Yang A Power Station, Murray Raff, opportunities for climate litigation, Public Trust Doctrine, Recent NSW Land and Environment Court Decisions, Special Issue, Sustainable Forests (Timber) Act 2004 (Vic), Timothy Allen and Bruce Thom, transnational litigation, Victoria McGinness, Victorian Ecological Sustainable Forest Management, Victorian Forestry Practice, Zoe Caldwell |
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.
Posted in Environmental and Planning Law Journal (EPLJ), Journals, Update Summaries | Tagged Aeroconservation, agricultural land, Airspace conservation, Angela Bruckner, animal ethics, biodiversity loss in Australia, Book reviews, Bryan R Jenkins, Cameron Holley, China, climate change, Coal-fired Power Stations in Victoria, Collaboration and Water Governance, Culture and Ethics, Darren Sinclair, Dr Evan Hamman, Dr Georgina Davis, energy transition, environmental protection, EPLJ, Erin O’Donnell, Gas and Royalty Sharing, Global Pact for the Environment, Horses, impacts of siting large-scale solar on high-quality agricultural land, international environmental treaty, Jan Froestad, Jennifer Holman, Katie O’Bryan, land clearing, large-scale solar photovoltaic facilities, Larissa Schneider, Legal Rights for Rivers: Competition, loss and damage, Mercury Emissions, Minamata Convention on Mercury, modern energy policies, National Pollutant Inventory, Native Vegetation in Queensland, Pip Wallace, Queensland, Rachel Ravagnani, Reconceiving Ownership and Revenue, renewable energy, renewable energy target, Samantha Hepburn, Sophie Riley, Special Issue, Tabitha M Benney, Water Management in New Zealand’s Canterbury Region: A Sustainability Framework, Wildlife management, Wildlife Regulation in Kosciuszko National Park |
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.
Posted in Environmental and Planning Law Journal (EPLJ), Journals, Update Summaries | Tagged 2014 Gas Plan, Amanda Kennedy, Anita Foerster, Anthropocene's energy dilemma, Australia's gas export industry, Brett McDonnell, Cameron Holley, Clifford Shearing, climate risk management, coal seam gas regulation in NSW, cumulative environmental effects of coal seam gas (CSG), E Walsh, Editorial, effective energy transition governance, environmental nexus of unconventional gas and renewables, EPLJ, fracking and transboundary water management, GHG emissions from exported gas, governing energy transitions, Hari M Osofsky, hydraulic fracturing (fracking), international environmental law (IEL), J Moss, Jacqueline Peel, joules per drop for energy sources, Katherine Owens, Mark Squillace, O'Kane Review, promotion of clean energy sources, Rebecca Nelson, Rhett B Larson, smart planning for unconventional oil and gas development, Special Issue, Sudeep Nair, sustainable energy transition, Tariro Mutongwizo, unconventional gas regulation, Wendy A Timms |
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.
Posted in Environmental and Planning Law Journal (EPLJ), Journals, Update Summaries | Tagged Alberta's Orphan Fund Levy, assurance mechanisms in conjunction with levy schemes, Catherine Pickering, Charles Lawson, Conference of Parties, conservation and sustainable development of genetic resources, Convention on Biodiversity (CBD), Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), decisions concerning e-waste and its management, Dr Garry Middle, Dr Justin Dabner, Dr Laura Stocker, Edward Andre, Edward Dymond, Environment Protection and Biodiversity Conservation Act 1999 (Cth), EPLJ, Expert Working Group, Jenna Wraith, Joint Crediting Mechanism (JCM), Krishna Prasad, Kyoto Protocol’s Clean Development Mechanism, levy schemes in polluter pays principle, low-cost emissions reductions, Market Based Mechanism, Md Tarikul Islam, Mia Mahmudur Rahim, Michael Goodall, Michele Payne, Montara and Deepwater Horizon oil spills, Mr Ashley Robb, Nagoya Protocol, preparing coastal communities for sea level rise, public interest environmental harm, regulation of electronic waste (e-waste) under the Basel Convention, Sanjaya Kuruppu, shipping companies' accountability in ballast water-induced pollution regulation, State coastal policy's public interest objectives, Tania Murray, Western Australia's Mining Rehabilitation Fund |
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.
Posted in Environmental and Planning Law Journal (EPLJ), Journals, Update Summaries | Tagged Caitlin McConnel, climate change, compliance with Water Act and human rights obligations, corporate disclosure on climate change, Corporations Act 2001 (Cth) s 189, Dai Moore, EPLJ, Framework Convention 2015, hydraulic fracturing (fracking), international disclosure regimes, Leslie Yong, Maria Nicolae, Mark Hamilton, Monique Vella, Murray Raff, Oslo Principles on Global Climate Change Obligations of 2015, Plastic Shopping Bags Ban Act 2010 (ACT), prosecution of offenses against Aboriginal cultural heritage, retail ban on lightweight plastic shopping bags, The Hon Michael Kirby AC CMG, waste-to-energy (WtE) technology, Water Act 2007 (Cth) (the Act) |
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.
Posted in Environmental and Planning Law Journal (EPLJ), Journals, Update Summaries | Tagged Competition and Consumer Act 2010 (Cth) (CCA), Craig Forrest, David Leary, Dr Gerry Bates, Dr Rhett Martin, ecologically sustainable development (ESD), ecologically sustainable forest management, energy market regulation in Australia, Environment Protection and Biodiversity Conservation Act 1999, EPLJ, Great Barrier Reef, GreenPower scheme, Hancock Victorian Plantations Pty Ltd, Japanese "special declaration", Justine Bell-James, Kosciuszko Wild Horse Heritage Act 2018 (NSW), maintaining wild horses in Kosciuszko National Park, private plantation forestry in Victoria, renewable energy schemes, Sandy Milne, Sarah Norgrove, United Nations Convention of the Law of the Sea (UNCLOS), value of the Tarkine, whaling practice in Japan |
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.
Posted in Environmental and Planning Law Journal (EPLJ), Journals, Update Summaries | Tagged Alex Austin, arborist reporting standards, Arie Freiberg, Case Note, Dr Chris McGrath, Dr Rhett Martin, ecologically sustainable forest management (ESFM), Editorial, emission reduction schemes, Environment Protection Amendment Act 2018 (Vic), EPLJ, European Union (EU) Emissions Trading System, global climate litigation, Joshua Prentice, LULUCF Regulations, National Energy Guarantee (NEG), Paris Agreement goals, power generation industry, regulatory tools in environmental protection, saving the Great Barrier Reef, Simon Magnus Anderson, Urgenda appeal, Victorian Environment Protection Authority, Victorian State forest harvesting regulation |
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