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Strategic Environmental Assessment: Lessons For New South Wales, Australia, From Scottish Practice, Andrew H. Kelly, Tony Jackson, Peter Williams
Strategic Environmental Assessment: Lessons For New South Wales, Australia, From Scottish Practice, Andrew H. Kelly, Tony Jackson, Peter Williams
Faculty of Law - Papers (Archive)
Disparate approaches to strategic environmental assessment (SEA) in New South Wales (NSW), Australia and Scotland are compared. The first is fragmented and unfamiliar while the other is well established. A detailed analysis of the use of SEA in each jurisdiction follows a contextual evaluation of its purpose. Whereas the Scottish system is supported by recent regulation and policy, both NSW and the overriding Commonwealth Government follow haphazard actions with few if any settled methodologies. In order to improve its environmental assessment credentials and promote more sustainable development outcomes, NSW might consider the need for SEA more seriously. Investigation of other …
Australia's Maritime Challenges And Priorities: Recent Developments And Future Prospects, Robin M. Warner
Australia's Maritime Challenges And Priorities: Recent Developments And Future Prospects, Robin M. Warner
Faculty of Law - Papers (Archive)
Australia, witb its lengthy coastline, vast maritime jurisdiction and multiple offshore territories, undoubtedly fits the description of a maritime nation: but it was not until the issue of Australia's Oceans Policy in 1998 Ihat a comprehensive statement of Australia's maritime challenges and priorities emerged at the Federal Government level. The Oceans Policy arliculated a diverse array of challenges and priorities relating to Australia's maritime interests, including the conservation of marine biological diversity, the maintenance of ecologically sustainable fisheries, the prevention of marine pollution, the development of lhe offshore petroleum and minerals industry, the definition or Australia's maritime juridiction and the …
Decent Work, Older Workers And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew D. Frazer, Malcolm Sargeant
Decent Work, Older Workers And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew D. Frazer, Malcolm Sargeant
Faculty of Law - Papers (Archive)
In countries with aging populations, the global recession presents unique challenges for older workers, and compels an assessment of how they are faring. To this end, the International Labour Organization's concept of decent work provides a useful metric or yardstick. Decent work, a multifaceted conception, assists in revealing the interdependence of measures needed to secure human dignity across the course of working lives. With this in mind, in three English-speaking, common law countries - Australia, the United Kingdom, and the United States - this article considers several decent work principles applicable to older workers and provides evaluations in light of …
Australia's Maritime Economic Interests, Andrew Forbes
Australia's Maritime Economic Interests, Andrew Forbes
Faculty of Law - Papers (Archive)
Over the past two decades there has been an increasing lament from Western navies that their countries suffer from ‘sea blindness’. What is meant is that there is an apparent lack of public understanding and appreciation of the importance of the oceans for national prosperity. The concern is that if the importance of the oceans is not understood, then the importance of the multifaceted roles of navies in providing protection will not be understood. Whether or not sea blindness exists, maritime economic interests represented by the oceans are important and are discussed below.
The Development Of Local Government In Australia, Focusing On Nsw: From Road Builder To Planning Agency To Servant Of The State Government And Developmentalism, Andrew H. Kelly
Faculty of Law - Papers (Archive)
This paper follows the legal and functional advancement of local government in NSW, Australia by examining three historical stages. It commences with its nineteenth century vestiges, moving on to compulsory incorporation and the gradual changes to modern but diverse individual councils. Issues include financial scarcity, the traditional property-based stranglehold and the burgeoning sheer power of the State Government in the planning sector.
Islamist Terrorism And Australia: An Empirical Examination Of The "Home-Grown" Threat, Sam Mullins
Islamist Terrorism And Australia: An Empirical Examination Of The "Home-Grown" Threat, Sam Mullins
Faculty of Law - Papers (Archive)
Australian interests have been considered viable targets for Islamist terrorists since at least 2001, and Australians have suffered from attacks in Bali in 2002 and 2005, and Jakarta in 2004 and 2009. Moreover, Australian citizens have been involved in militant Islamist networks since the late 1980s, and similar to other Western countries in recent years there have been examples of ‘‘home-grown’’ plots to carry out domestic terrorist attacks. This article seeks to clarify the nature of the contemporary security threat within Australia by analysing the involvement of Australian citizens and residents in Islamist terrorism, both at home and abroad. The …
The Three Phases Of Local Government State Of Environment Reports In Nsw Australia: Complexity, Intricacy And Creativity, Andrew H. Kelly
The Three Phases Of Local Government State Of Environment Reports In Nsw Australia: Complexity, Intricacy And Creativity, Andrew H. Kelly
Faculty of Law - Papers (Archive)
This paper explores the three phases of State of Environment Reports (SoERs) prepared by local councils in NSW since the introduction of the Local Government Act 1993 (NSW), which heralded significant change to local government's powers, functions and requirements. NSW is the only Australian jurisdiction where local SoERs are required. The first phase was responsive to environmental concerns but provided considerable confusion. The second was more ambitious and complex. The current phase provides considerable flexibility. This article leads to questions such as whether the SoER should be enveloped into the new 'Community Strategic Plan' or stand alone as a separate …
The Legal Regime For The Protection And Exploitation Of Fishes, With Special Reference To Australia, Ronald J. West
The Legal Regime For The Protection And Exploitation Of Fishes, With Special Reference To Australia, Ronald J. West
Faculty of Law - Papers (Archive)
Australia has the third largest Exclusive Economic Zone (l° 648 250 km2) however overall commercial fisheries production is ranked relatively low in comparison with many other nations (240,000 metric tones per year, valued at $A2.2 billion)2. The reason underlying this relatively low level of fisheries production can be largely attributed to the low productivity of many marine waters surrounding the Australian coastline and a legal regime that is designed not only to manage fisheries, but to provide a significant degree of environmental protection to both fishes and their habitats.
Foster V Mountford: Cultural Confidentiality In A Changing Australia, Christoph Antons
Foster V Mountford: Cultural Confidentiality In A Changing Australia, Christoph Antons
Faculty of Law - Papers (Archive)
[extract] Foster v Mountford is a case belonging to the period in which Australian courts were finding their identity in deciding intellectual property disputes. As the first decision in Australia taking into account Aboriginal customary rights to culturally defined notions of secrecy, it is a landmark case. It symbolises a shift from assimilation policies based on the notion of Australia as terra nullius at the time of'discovery, towards a growing understanding of Aboriginal customs and associated rights. As a case dealing with anthropological publications, it has to be seen against its contemporary background of anthropological paradigms and the emergence of …
Fatwas: Their Role In Contemporary Secular Australia, Nadirsyah Hosen, Ann Black
Fatwas: Their Role In Contemporary Secular Australia, Nadirsyah Hosen, Ann Black
Faculty of Law - Papers (Archive)
In Australia, there has been confusion and misunderstanding surrounding the term 'fatwa'. This goes both to its meaning and also to the role fatwas fulfil for Muslims, whether in Australia or in other parts of the world. This paper seeks to address both of these issues, first by demystifying fatwa through exploration of the distinctive place the have in Islamic jurisprudence, and second by identifying the methodology used by jurists in ifta (the giving of fatwas), which has enabled Islamic law to be responsive to new developments and contemporary challenges. Given the recent expansion of technological, economic and medical advances …
Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett
Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett
Faculty of Law - Papers (Archive)
Fisheries laws simply regulate human interactions with fish. Yet it is an enormous challenge to get them right. The central problem with which fishing laws need to deal is that technological advancements continually enable people (especially commercial fishers) to increase their ability to catch fish. This may be coupled with an increasing number of people fishing, or perhaps a relatively stable number of people fishing but changing their practice such as intensively fishing in one location. Human activities affecting fish are ever changing and, as a result, so too are fisheries laws. Past fishery collapses (such as cod stocks off …
Australian Counter-Terrorism Offences: Necessity And Clarity In Federal Criminal Law Reforms, G. L. Rose, D. Nestorovska
Australian Counter-Terrorism Offences: Necessity And Clarity In Federal Criminal Law Reforms, G. L. Rose, D. Nestorovska
Faculty of Law - Papers (Archive)
This article analyses the wide-ranging reform of Australian criminal law related to terrorism. It compares the definition of terrorism utilised in recent legislation to the emerging international standard and tests the new federal crimes against the criteria of legislative necessity and clarity. It concludes that the reforms were in fact necessary in the sense of filling prior gaps and inadequacies in the criminal law but that some of the new provisions lack clarity and will pose conundrums for law enforcement.
Regional Treaties, G. L. Rose
Regional Treaties, G. L. Rose
Faculty of Law - Papers (Archive)
An investigation of trends in Australian treaty-making with countries in the region of South East Asia and the South West Pacific, projected forwards from the middle of 2006.
Traditional Knowledge And Intellectual Property Rights In Australia And Southeast Asia, Christoph Antons
Traditional Knowledge And Intellectual Property Rights In Australia And Southeast Asia, Christoph Antons
Faculty of Law - Papers (Archive)
This paper will present a short survey of various approaches to traditional knowledge and folklore protection in Australia and Southeast Asia. It seems that both the terminology used in the debate about traditional knowledge and folklore and the legal solutions envisaged are very diverse. Over the last decade there has been an explosion of international declarations and organisations advocating internationally harmonised notions of rights to culture, often on behalf of indigenous minorities or other local communities. This often leads to what Cowan, Dembour and Wilson2 have called “strategic essentialism”. The term refers to the attempts by activists from or working …
Smooth Sailing For Australia's Automatic Forfeiture Of Foreign Fishing Vessels, Warwick Gullett
Smooth Sailing For Australia's Automatic Forfeiture Of Foreign Fishing Vessels, Warwick Gullett
Faculty of Law - Papers (Archive)
The High Court of Australia has brought to a close one chapter of the various legal proceedings arising out of Australia’s arrest of the Russian fishing vessel Volga in 2002. The vessel was arrested on the high seas immediately adjacent to Australia’s Exclusive Economic Zone (EEZ) surrounding the Heard and McDonald Islands in the Southern Ocean. It was suspected (and later found as a matter of fact) to have been engaged in unlawful fishing for the prized Patagonian Toothfish within Australia’s EEZ two to three weeks prior to its detection and seizure by Australian authorities. The circumstances of the seizure …
Prompt Release Procedures And The Challenge For Fisheries Law Enforcement: The Judgement Of The International Tribunal For The Law Of The Sea In The 'Volga' Case (Russian Federation V Australia), Warwick Gullett
Faculty of Law - Papers (Archive)
On 23 December 2002, the International Tribunal for the Law of the Sea ('ITLOS') ordered the prompt release of the Russian 1ongline fishing vessel Volga, at the time detained by Australian authorities in Fremantle, upon the posting of a bond or other security of A$l 920 000. The Volga was arrested for allegedly fishing without authorisation by a boarding party from the Royal Australian Navy frigate HMAS Canberra in the Australian Exclusive Economic Zone ('EEZ') surrounding Heard and McDonald Islands in the Southern Ocean on 7 Februarv 2002. At issue in the ITLOS proceedings was not whether the activities of …
The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett
The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett
Faculty of Law - Papers (Archive)
The precautionary principle has been adopted in such a widespread fashion that it is now difficult to find in either the international environmental arena or countries with advanced environmental protection frameworks an environmental policy document, a new environmental law, or even a political statement about environmental management that does not include a reference to the principle or reflect some of the core ideas of the precautionary concept. References to the principle can be found in documents produced by organizations such as the European Environment Agency, the World Trade Organization, and of course the United Nations; in numerous environmental treaties ranging …