Environmental Damage as a Threat to National Security: Australia's Legal Vulnerability to Enviro-Terrorism and Enviro-Sabotage

Forthcoming, Public Law Review

30 Pages Posted: 9 Nov 2022

See all articles by Sarah Kendall

Sarah Kendall

University of Queensland - T.C. Beirne School of Law

Brendan Walker-Munro

University of Queensland - T.C. Beirne School of Law

Date Written: October 25, 2022

Abstract

This article examines whether Australia’s domestic criminal laws effectively address the threat of environmental damage that is intended to undermine our national security. It focuses on two specific types of conduct – enviro-terrorism (destruction of the natural environment to further the political and/or ideological agendas of terrorist organisations) and enviro-sabotage (damage to the environment caused by foreign powers seeking to harm Australia’s national security). Through an analysis of Australia’s federal sabotage offences, state and territory sabotage offences and crimes under environmental protection legislation, the article shows that Australia’s domestic laws fail to adequately protect Australia’s diverse and irreplaceable natural environment from deliberate attack by terrorists or foreign powers. The article concludes by making recommendations for law reform to better protect Australia’s natural environment from attacks intended to undermine our national security.

Suggested Citation

Kendall, Sarah and Walker-Munro, Brendan, Environmental Damage as a Threat to National Security: Australia's Legal Vulnerability to Enviro-Terrorism and Enviro-Sabotage (October 25, 2022). Forthcoming, Public Law Review, Available at SSRN: https://ssrn.com/abstract=4257292 or http://dx.doi.org/10.2139/ssrn.4257292

Sarah Kendall (Contact Author)

University of Queensland - T.C. Beirne School of Law ( email )

Forgan Smith Building (1)
The University of Queensland
St Lucia, Queensland 4072
Australia

Brendan Walker-Munro

University of Queensland - T.C. Beirne School of Law ( email )

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