Designing Regulation for Conservation and Biosecurity

Australasian Journal of Natural Resources Law and Policy, Vol. 13, No. 1, 2009

U of Melbourne Legal Studies Research Paper No. 493

18 Pages Posted: 31 Aug 2010

See all articles by Mark Burgman

Mark Burgman

University of Melbourne - School of Botany

Terry Walshe

University of Melbourne - School of Botany

Lee C. Godden

University of Melbourne - Law School

Paul V. Martin

University of New England, Australia

Date Written: August, 30 2010

Abstract

Much Australian law for the protection of ecological assets has inherited a focus on species and their habitats, reflected in a reliance on taxonomic lists as triggers for action. We argue that an over-reliance on lists may compromise the effectiveness of conservation actions because it overlooks the potential value of managing complete ecological systems. We consider three aspects of environmental law: the control of new threats, particularly invasive plants; the protection of native species and their habitats; and the rehabilitation of damaged ecosystems. We focus principally on federal weed and quarantine legislation, and biodiversity conservation law.

Australian federal threatened species legislation largely reflects international obligations, which focus on the protection of particular species. In quarantine and invasive control law, lists of species are a legacy of this historical focus. The law has struggled to keep pace with the recent emergence of the discipline of conservation biology, which itself has not been effective in communicating uncertainties. We argue that increasing threats from invasive pests, diseases and pathogens, salinity, changed climate and disturbance regimes require new legal responses which should embrace a more cohesive legal framework together with ecosystem thinking that supplements list-based, species-focused legislation.

Keywords: conservation, environmental law, biodiversity conservation law, ecosystems

JEL Classification: K00, K39, Q20

Suggested Citation

Burgman, Mark and Walshe, Terry and Godden, Lee C. and Martin, Paul V., Designing Regulation for Conservation and Biosecurity (August, 30 2010). Australasian Journal of Natural Resources Law and Policy, Vol. 13, No. 1, 2009; U of Melbourne Legal Studies Research Paper No. 493. Available at SSRN: https://ssrn.com/abstract=1669004

Mark Burgman (Contact Author)

University of Melbourne - School of Botany ( email )

Melbourne, Victoria 3010
Australia

Terry Walshe

University of Melbourne - School of Botany ( email )

Melbourne, Victoria 3010
Australia

Lee C. Godden

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Paul V. Martin

University of New England, Australia ( email )

Armidale
Armidale, New South Wales 2351
Australia

HOME PAGE: http://www.une.edu.au/aglaw

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