Australia's National Environmental Legislation: A Response to Early
Journal of International Wildlife Law & Policy, Vol. 12, No. 3, pp. 166-179
Posted: 2 Feb 2010 Last revised: 27 Apr 2010
Date Written: July 1, 2009
This article provides a critique of a paper by Gerard Early on the operation of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). Early’s article presents the EPBC Act as world best practice environmental impact assessment (EIA) legislation and argues that it has produced significant improvements in environmental outcomes. The evidence suggests otherwise. The EPBC Act is deficient in a number of respects, particularly in relation to the structure of the EIA regime and listing processes concerning threatened biodiversity and heritage areas. This article outlines defects in Early’s analysis and in the EPBC Act more generally.
Keywords: Environmental impact assessment, Australian federal environmental law
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