1,721,014 research outputs found
Wetlands of the Pacific
No full textThis chapter provides a synopsis of the international, regional and domestic laws and strategies which relate to wetland conservation in the Pacific. Pacific Island Countries are home to a wide variety of inland and coastal wetlands, including lakes, rivers, mangroves, tidal flats, seagrasses, saltmarshes, and swamps. As this chapter highlights, there is currently limited awareness and scientific support for wetlands in the Pacific, especially in terms of planning instruments but also with regards to technical expertise. This is concerning, as wetlands provide a critical habitat for many freshwater organisms and bird species, as well as considerable benefits for humans in the form of flood control, water purification, and water supply. In this chapter, the authors illuminate the threats and pressures faced by Pacific Island wetlands and discuss some of the legal and policy mechanisms which may be needed to reduce the risks
Mining and Coal Seam Gas Law in Queensland: A Guide for the Community
No full textThe book was prepared in response to demand for clear legal information about mining and coal seam gas and is an invaluable public resource, especially in communities where landholders and residents are affected by mining proposals and wish to understand more about their rights and options. The publication includes detailed information on: \ud
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(1) Understanding the types of mining and gas permits and licences; \ud
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(2) How to write effective submissions on mining and gas projects; \ud
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(3) Understanding Environmental Impact Statements; \ud
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(4) How to run a basic objection hearing by yourself in the Land Court. When and how the Federal Government might be involved Enforcing compliance with conditions of approval
The role of non-state actors in promoting compliance with the world heritage convention: An empirical study of Australia's Great Barrier Reef
No full textThis thesis uses qualitative empirical research methods to investigate the role of non-state actors in promoting compliance with the World Heritage Convention. The study focuses on the Great Barrier Reef and traces Australia's interactions with the World Heritage Committee and other institutions between the years 2010 and 2015. The study demonstrates how non-state actors are able to construct their own legitimacy and assert their own authority by building relationships and deploying expertise at discrete times. The findings contribute to the broader regulatory literature on how the World Heritage Convention operates and on the role of non-state actors in regulation
Save the Reef! Civic crowdfunding and public interest environmental litigation
No full textThis article examines the emerging area of civic crowdfunding, a subset of crowdfunding, as a means of financing public interest environmental litigation. The literature surrounding civic crowdfunding and third party litigation funding is currently underdeveloped. The link between those areas and public interest environmental litigation takes a further step into the unknown. As a case study, the Sea Dumping Case presents exciting opportunities for civil society and access to justice, but further research is needed before any firm conclusions can be drawn
Establishing environmental law clinics in China: A review of various models and relevant factors
No full textThis report looks at the factors which affect the establishment of <i>Environmental Law Clinics</i> (ELCs) with a particular focus on models that might be most effective in a Chinese context. The report is the result of desktop research and a study program where five law students and one supervising academic from Queensland University of Technology (Brisbane, Australia) attended Wuhan University Law School (Wuhan, China) in early December 2016. During the visit students conducted a workshop with Wuhan University law students as well as visited several NGOs in Wuhan and Beijing to grasp a better understanding of the environmental issues the country faces. Brief recommendations and a list of relevant factors for consideration for Chinese ELCs are provided at the end of the report
The influence of environmental NGOs on project finance: A case study of activism, development and Australia’s Great Barrier Reef
No full textProject financiers often influence not only the standards against which a project is managed, but also whether the project goes ahead at all. Non-government organizations (NGOs) are acutely aware of the leverage that project financiers possess. In today’s media-driven world, banks are especially sensitive to public opinion and bad press. Perception and reputation are important. In Australia, we have seen this play out with several of the world’s biggest financiers refusing to fund projects which might impact the Great Barrier Reef. In this paper, I explore some of those decisions and the influence of NGOs on the project finance industry. My aim is to better understand the context in which certain financial decisions are made, including who wields influence and how such influence is brought to bear. What seems apparent is that while financiers are powerful gatekeepers of major projects, their influence appears closely connected to that of civil society
Endangered species and the precautionary principle
No full textThis discussion paper is intended to provide background material for the workshop organised by Queensland University Technology (QUT) on 17 October 2014. The overall purpose of the workshop is to better understand the relationship between the precautionary principle and endangered species management in Australia. In particular, we are looking for real life examples (or hypotheticals) of where the principle is (or is not) being applied in relation to Australia’s endangered species.\ud
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A wide variety of participants have been invited to the workshop including scientists, representatives of NGOs, lawyers and academics. Whilst some very general information is outlined below, we encourage all participants to bring their own thoughts on how the precautionary principle should operate and to reflect on examples of where you have seen it work (or not work) in Australia. The sharing of your own case studies is thus encouraged
Mining in the Pacific: Principles and practices for environmental regulation
No full textThis chapter gives an overview of past mining practices in the Pacific, drawing on notorious ‘onshore examples’ with poor regulation including in Papua New Guinea (gold and copper mining) and phosphate mining in Nauru and Banaba. The disastrous legacy of these ventures is still being felt across the Pacific which has traditionally relied upon other industries such as tourism, fisheries, and forestry for their meagre incomes. After discussing the legacy of terrestrial mining (including sand mining), the authors shift the focus to the relatively unchartered territory of deep sea mining (DSM). DSM represents the future of extractive activity in the Pacific, and large deposits are currently being explored and exploited by powerful international interests. This chapter highlights the severely underdeveloped (and under-evaluated) regulatory systems across the region despite some advances by jurisdictions like Cook Islands, PNG, and Fiji. This chapter draws on regulatory literature including the work of Braithwaite, Gunningham, Black, Baldwin, and Levi-Faur to make the case for a stronger ‘risk-based’ approac
The operation of the precautionary principle in Australian environmental law: An examination of the Western Australian White shark drum line program
No full textThe precautionary principle is well known to environmental and public health scholars throughout the world. For over two decades it has been subjected to rigorous analysis by academic and judicial commentary. However, what it means to see the principle applied in practice remains elusive and casespecific. In this article the authors aim to further the literature by examining the principle in the context of the Western Australian government’s controversial shark hazard mitigation program. The case study appears to show a disconnect between the existence of legal principles and their operation in environmental law. The deliberate culling of an endangered species to protect human health provides an interesting backdrop against which to enliven discussion about how principles of law, like the precautionary principle, can be better translated into legal regimes, so that they are more consistently applied by decision-makers.</p
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