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The latest issue of the Environmental and Planning Law Journal (Volume 40 Part 6) contains the following material:
Articles
Law and Governance for Oyster Reef Restoration: The South Australian Experience – Alexandra S Wawryk, Dominic McAfee, Katie Cooper, Phillipa C McCormack, Margaret Castles, Georgina Drew and Sean D Connell
South Australia’s oyster reef restoration program is one of the largest in the world. Widespread social and political support for restoration means there is real potential for the program to expand. However, relevant regulatory and governance instruments were not developed to specifically support restoration activities, and leadership by scientists and key decision-makers and policymakers in government has been crucial to enable projects to occur. This article critically analyses the current legal regime and argues for the development of a fit-for-purpose regime dedicated to facilitating future large-scale oyster reef restoration projects. We conclude by proposing options for law reform.
This article considers whether Australia is upholding the international human rights of First Nations People (FNP) in its domestic law and policy by centering on their rights FNP in water governance in the Murray-Darling Basin (MDB) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The focus on the MDB allows reflection on the multi-faceted nature of water governance and FNP rights: ontologically, environmentally, politically, socially and economically. This focus also allows for reflection on the government’s efforts to balance multiple interests (eg irrigators) in this space. The amendments to the Water Act 2007 (Cth) under the Water Amendment (Restoring Our Rivers) Act 2023 (Cth) and developments in the Aboriginal Water Entitlement Program are considered alongside issues of Indigenous water justice in Australia.
The Evolution of Climate Change Litigation and a New Pathway Forward for the GBR? – Remy Smithers and Josephine Gillespie
Climate litigation has evolved as an important tool for addressing climate, environmental and conservation concerns. Climate litigation for the protection of people, plants, animals and landscapes has followed a wide variety of pathways, from using administrative through to corporate law avenues. Two emergent trends in climate litigation have become evident, namely, (1) the use of human rights frameworks and (2) the use of a morethan- human lens. This article explores both these climate litigation trends, globally and within an Australian setting using a case study based on the Great Barrier Reef World Heritage Area (GBRWHA) in Queensland. With continuing deterioration to theGBRWHA due to climate change-induced impacts and no comprehensive regulatory framework to alleviate these, the GBRWHA exists as topical case study to investigate the evolution of climate litigation pathways. The results of our study contribute towards enhancing our understanding the potential value and barriers that arise from current and emerging pathways of climate litigation, offering new framings of legal interventions for conservation of the GBRWHA.
For the PDF version of the table of contents, click here: New Westlaw Australia – EPLJ Vol 40 No 6 Contents.
Click here to access this Part on New Westlaw AU
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