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

Abstract

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

Suggested Citation

Macintosh, Andrew, Australia's National Environmental Legislation: A Response to Early (July 1, 2009). Journal of International Wildlife Law & Policy, Vol. 12, No. 3, pp. 166-179, Available at SSRN: https://ssrn.com/abstract=1546134

Andrew Macintosh (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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